Cenvat Credit of CVD

1912 views 2 replies

I wish to know whether we can avail cenvat credit of the CVD @ 14% paid on imports assuming the assessee is a service provider ??

Also, i most humbly request you to qoute the relevant section/rule for my benefit.

Thanks.

 

Replies (2)

Special CVD eligible for cenvat to manufacturer but not to service provider.

Additional duty paid u/s 3(5) of the custom tariff Act(special CVD) is eligible for cenvat credit for a manufacturer, but a provider of taxable services is not eligible for such credit [ Rule 3(i)(viia) of cenvat credit rules.].

As per Cenvat Credit Rule, 2004 Rule 3(1) says that a service provider can avail all the Cenvat credit as applicable to the manufacturer except that of Special CVD, hence a service provider can avail the credit of CVD on imported Inputs and Capital Goods.

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