New User / Register | Bookmarks | Annual Subscription | Feedback |
Login: Stay
| Forget Password |
           
TMI - Tax Management India. Com  

Recent Discussionss:

Requirement CST on Air Freight Valuation of Jobwork when material dicrectly supplied by principal manufacturer Cenvat Credit Merchant Export Notification 20/2014 dt.11-07-2014 TNVAT ITC reversal for CST 2% sales - VAT - CST - GST clarification regarding service tax credit on manpower service CENVAT CREDIT TO DEVELOPERS CG sent out for repair and get back
 
Discussions Forum
Home Forum Central Excise Month 6 2012 2012 (6) This
← Previous Next →
 

Cenvat credit on Bill of Entryand exemption on Edu. Cessand SHE. Cess on CVD. - Central Excise

 
Issue Id: - 4250
Dated: -12-06-2012
By:- Srivatsan Krishnamachari
Cenvat credit on Bill of Entry & exemption on Edu. Cess & SHE. Cess on CVD.

Dear Learned Friends,

Your valued clarification is required for the two queries.

Query No.  1

We Import our raw materials and the following  the duties and  Adl. Duty, Edu. Cess & SHE. Cess on CVD, Edu. Cess & SHE. Cess on Cutoms duty are paid by us.

  1. Basic Value
  2. Customs Duty (BCD)
  3. Total of  1+2
  4. CVD on Item no.3
  5. Edu. Cess on CVD @2%
  6. SHE. Cess on CVD @1%
  7. Total of item no.2+4+5 + 6
  8. Customs Edu. Cess @ 2% on item no.7
  9. Customs SHE. Cess @ 1% on item no.7
  10. Total of Items 1+2+4+5+6+8+9
  11. Adl. Duty @ 4% on item no. 10
  12. Total Duty (2+4+5+6+8+9+11)

 

We have been taking Cenvat credit on item no. 4, 5, 6 & 11 i.e. CVD, Edu. Cess & SHE. Cess on CVD and Additional Duty (the prevailing rate is 4%)

This practice is being followed for years together.  Please clarify whether this practice is correct.

 

Query No.  2

The  Customs Notification No. 13/2012 & 14/2012 dtd. 17-03-2012, specifically exempts all the goods falling within the 1st schedule to the Customs tariff act 1975 (51-1975) when imported to India from Edu. Cess & SHE. Cess  which are leviable there on under sub-section 1 of section 3 of customs tariff act 1975, read with section 91, 93 & 94 of the said finance act.

We need clarification whether this exemptions cover Edu. Cess & SHE. Cess levied on both (CVD+BCD).

 

Thanks & with Regards,

Benarjee  Govada

 

 

 

Post Reply
 
Previous Posts


Dated: - 16-06-2012
By: - Radha Arun

Customs notification 13 and notification 14 of 2012 exempt all imported goods from the education cesses on CVD only, not on BCD. Accordingly, in your qs 1, items 5 and 6 can be omitted. Item 7 will be the total of 2 and 4. The education cesses on customs duty will be worked out on the value in item 7.

You can take Cenvat credit of CVD and of the 4% additional duty.




Dated: - 06-02-2013
By: - Sunil Nivangune


We import our Raw Material and paid all duties taxes.

But as per Bill of Entry, customs charge education cess &  Higher edu cess on both BCD & CVD.

please clarrify.

 

 




Dated: - 07-02-2013
By: - Sunil Nivangune

We import our Raw Material and paid all duties taxes.

But as per Bill of Entry, customs charge education cess &  Higher edu cess on both BCD & CVD.

please clarrify, can we take credit on Edu & S edu cess of CVD ?




Dated: - 07-02-2013
By: - Radha Arun

Earlier, the education cesses were charged on CVD equal to excise duty, and then charged again on the total customs duty including CVD. Now it is only charged on the total customs duty including CVD.

Hope this clarifies the matter.


 
 
Previous Next

 

what is new what is new

UpdatesKnowledge SharingSubscription CommunicationNewslettersMore Options




Go to Mobile Website Go To Top
© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.