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2012 (7) TMI 607 - AT - Central ExciseCENVAT Credit in respect of inputs manufactured and cleared from a 100% EOU - Interpretation of the formula and the manner in which the calculations to be made - Commissioner stated that the appellant cannot take the credit of cess relating to Customs duty - Held that:- What is required to be done for the purpose of calculating the duty payable by a 100% EOU is to calculate the Customs duty payable (by calculating 25% of the normal rate as per the exemption notification), add CVD and thereafter treat the amount as Excise duty and pay cess on the same, which would be the cess payable on Central Excise duty worked out as per the formula - - the amount of Rs.1,159/- and Rs.580/- being education cess and SHE cess, are the cess paid on Customs duty worked out for the purpose of calculating the total customs duty payable to arrive at the Excise duty payable by the assessee as per the formula, thus the appellant has not taken the credit of Rs.1,159/- and Rs.580/- being the education cess on customs duty - decided in favour of assessee.
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