Re: cenvat credit

This query is : Resolved

divya barola (Querist)
Follow

18 November 2011 whether a service provider is required to obtain excise registration to claim cenvat credit of custom duty paid on import of capital goods?

Ram Avtar Singh

Ram Avtar Singh (Expert)
Follow

18 November 2011 Service tax registration required only for service tax provider. if capital goods is used in service providing then excise duty cenvat credit allowable.

see rule below.

A manufacturer or producer of final products or a provider of taxable service shall be allowed to take credit (hereinafter referred to as the CENVAT credit) of -

(i) the duty of excise specified in the First Schedule to the Excise Tariff Act, leviable under the Excise Act;

(ii) the duty of excise specified in the Second Schedule to the Excise Tariff Act, leviable under the Excise Act;

(iii) the additional duty of excise leviable under section 3 of the Additional Duties of Excise (Textile and Textile Articles) Act,1978 ( 40 of 1978);

(iv) the additional duty of excise leviable under section 3 of the Additional Duties of Excise (Goods of Special Importance) Act, 1957 ( 58 of 1957);

(v) the National Calamity Contingent duty leviable under section 136 of the Finance Act, 2001 (14 of 2001);

(vi) the Education Cess on excisable goods leviable under section 91 read with section 93 of the Finance (No.2) Act, 2004 (23 of 2004);

You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now