Formula for Availing Cenvat Credit in case of 100% EOU - DTA

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Querist : Anonymous

Querist : Anonymous (Querist)

15 June 2010 Dear Experts,

Request you to pl give me advise that how I can avail credit on 100% EOU unit Excise Invoice, when I myself as a DTA received inputs from one 100% EOU unit.

Pl advise me a Formula or a way to avail credit.

Warm regards,
Jayesh

CA CS CIMA Prakash Somani

CA CS CIMA Prakash Somani (Expert)

15 June 2010 If you have paid any duty then only you can get the credit else there is no qwuetion of cenvat when you yourself purchases from 100% EOU.

CA PRAMOD SARAOGI

CA PRAMOD SARAOGI (Expert)

15 June 2010 Rule 3(7)(a)
Prior to 05/12/2008
[AV * [(1+BCD/400) * (CVD/100)]

05/12/2008 to 06/09/2009 Notification No. 22/2009-Central Excise (N.T.) dated
07.09.2009.
[AV * [(1+BCD/200) * (CVD/100)]
*CVD (equal to ED) U/s 3(1) of CTA without EC + SAD u/s 3(5) of CTA +
E.Cess + SHEC (Third time) on aggregate of custom duty paid by EOU
W.e.f 07/09/2009
ADC U/s 3(1) of CTA (which is equivalent to ED U/s 3(1)(a) of CEA +ADC U/s 3(5) of CTA +EC + SHEC on Excisable Goods
on ED leviable U/s 3 of CEA

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Querist : Anonymous

Querist : Anonymous (Querist)

16 June 2010 Dear Sir,
If the EOU pays the Excise Duty under rule 8 of C.Exc rule 2002 than the said formula is applicable or not?

If no than can we avail full Cenvat Credit mentioned on Excise Invoice of 100% EOU?

Pl suggest.

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