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Take cenvat credit on the basis of bill of entry

EXICSE (Legacy) 7653 views 11 replies

Dear Sir,

We have paid duty on goods imported from china.We want to take cenvat credit on import raw Material on the basis of Bill of entry for Home consumption. We can take the cenvat Credit ?

 

Regards,

Balendra Parmar.

Replies (11)

if your manufacturing activity is liable to pay excise duty, and you are not SSI availing exemption then you can opt to avail input credit of CVD+EC+SHEC for payment of duty of your final products. 

Yes, You may take Cenvat Credit on the strength of BOE document, CVD,Ecess , SH cess and 4% SAD also eligible subject to satisfied with Mr.U.S.Sharma told conditions.

Bill of Entry is a valid document for taking cenvat credit (refer to rule 3& 4 od CCR,2004). Regards HS Negi
Agree with experts.

Dear Sir,

We have paid duty on goods imported from china.We take cenvat credit in RG23APart II Rs. Equal to 12% + 2% + 1%= 12.36 % and 4 %  on import raw Material on the basis of Bill of entry. but excise department said you could not take credit 2% + 1%. can they will right? we are manufacturer

 

if i am not availing credit 2% + 1 % then what will be the interest charges by department.

Dheeraj Jain

Jind

Originally posted by : U S Sharma

if your manufacturing activity is liable to pay excise duty, and you are not SSI availing exemption then you can opt to avail input credit of CVD+EC+SHEC for payment of duty of your final products. 

Agree

but the excise department refer a notification: 13//2012, 14/2012-customsw

No credit of Education Cess and SAHE cess om imports after 17-3-2012 as that cess is only of customs duty and not of CVD.

please solve the problem urgent basis

Dheeraj Jain

9991866046

YES, BUT IN CASE OF EOU ALL EC + SHEC PAID ON ED IS allowed as cenvat credit

Dear Dheeraj,

Prior to 2012-13 budget there is a double Edn Cess , SH cess were there in BOE, that EC & SHCESS have on Customs and CVD.

Hence, prior to 2012-13 CVD and Edn Cess & SH Cess paid on CVD are eligible to take Cenvat Credtit. thease cess's are removed in the 2012-13 budget.

now there is no cess and Sh Cess on CVD. hence, we are eligible to take cenvat credit on CVD & ADI(SAD) only.

Can we taken the cenvat credit on Triplicate copy (Ex-change controll copy) also please confirm asap.

Can we taken the cenvat credit on Triplicate copy (Ex-change controll copy) also please confirm asap.


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