Excise duty & service tax adjustment

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This query is : Resolved

Siju Joseph (Querist)

06 December 2012 Dear Experts,

My self a distributor and a service provider and service tax registered.

Can I take excise duty input credit charged to me by the manufacturer/import customs? The same can be adjusted against service tax payable?

If so can u guide me with the related clause of the act?

Warm Regards
Siju Joseph

Hari Beldona

Hari Beldona (Expert)

06 December 2012 Cenvat Credit Rules:
VI. The CENVAT credit may be utilised for payment of —

(a) any duty of excise on any final product; or

(b) an amount equal to CENVAT credit taken on inputs if such inputs are removed as such or after being partially processed; or

(c) an amount equal to the CENVAT credit taken on capital goods if such capital goods are removed as such; or

(d) an amount under sub-rule (2) of rule 16 of the Central Excise Rules; 2002

(e) Service Tax on any output services: Provided that while paying duty, the CENVAT credit shall be utilised only to the extent such credit is available on the last day of the month for payment of duty relating to the month.

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