Credit of education cess on excisable goods

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

02 September 2015 ..I HV read about d notification 12/2015 CE (n.t)DT 30 /4/15-according to it the credit of cess paid on input or capital goods received in the factory on or after 1.3.15 can be utilized for payment of duty of excise leviable under first schedule as well as the credit of balance 50% cess on capital goods of year 2014-15 can also be utilised

now my question is-- Is the credit available for the cess paid regarding the goods received in factory before 1.3.15..?

my second ques is what if the goods are directly consigned to job worker before 1.3.15 but received in factory after 1.3.15

my next question is what if manufacturer has not utilized 100% credit of DAT capital goods or say 50% not utilized in 2014-15

and if my first question's answer is DAT all cess credit will go in vain den why it is said DAT cenvat credit is an accrued right and if once earned lawfully then same can be utilize even after withdrawal of cenvat for dat particular input as per case cbec v.grasim industries ltd (2004)170 ELT a206(SC)

Arun Kumar Singh

Arun Kumar Singh (Expert)
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02 September 2015 The credit will not be available goods received before 1.3.2015. The credit can be available goods received from the jobworker premises to principal manufacturer on or after 1.3.2013. On the capital goods 50% remaining cenvat credit of edu. cess and HS cess will be eligiable in the next financial year.

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