Eligible Cenvat credit on goods procured from EOU

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vijaya kumar (Querist)
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02 May 2011 Please clarify,
i) Amount of Cenvat credit eligible in case the supplier EOU removes goods under sl. No. (1) of Notification NO.23/2003-CE dated 31.3.2003 or without availing exemption under Notification No. 23/2003-CE.

(ii) Whether the Cenvat credit is eligible on EC & SHE components prior to 7.9.2009 (as I come across a case law “EMCURE PHARMACEUTICALS LTD Vs COMMISSIONER, PUNE - 2008 (225) E.L.T. 513 (Tri. - Mumbai)”, which allows credit on Education Cess) ? If yes, whether Cesses paid on CVD or Cesses paid on aggregate duties are eligible for Cenvat credit.

thanks & regards,
vijaya kumar

RAMESH KUMAR VERMA

RAMESH KUMAR VERMA (Expert)
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02 May 2011 sir,
In respect of inputs / capital goods procured from EOU unit, Cenvat credit is available equal to CVD and special CVD paid and education cess and SAH education cess w.e.f. 7-9-2009 (earlier, it was allowable as per a complicated formula) – Rule 3(7)(a) of Cenvat Credit Rules.

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