Tax Management India. Com TMI - Tax Management India. Com
Case Laws Acts / Rules Notifications Circulars Tariff/ ITC HSN Forms Manuals News SMS Articles Highlights
Discussions Forum
Home Forum Customs - Import - Export - Customs - SEZ This
A Public Forum.
Anyone can participate to share knowledge.
We acknowledge the contributions of Experts/ Authors.

Submit new Issue / Query

← Previous Next →

Availment of Cenvat credit of additional duty on capital goods, Customs - Import - Export - Customs - SEZ

Issue Id: - 1300
Dated: 26-6-2009
By:- sunil mehta
Availment of Cenvat credit of additional duty on capital goods

  • Contents

Rule 3(1) (viia) of CCR, 2004, permits a mfg. or producer or a provider of taxable service to take credit of -" the additional duty leviable under sub-section (5) of section 3 of the Customs Tariff Act, "-as capital Goods C.Credit. Provided that a provider of taxable service shall not be eligible to take credit of such additional duty; But Explanation to Rule 3(1) says that ..".- For the removal of doubts it is clarified that the manufacturer of the final products and the provider of output service shall be allowed CENVAT credit of additional duty leviable under section 3 of the Customs Tariff Act on goods falling under heading 9801 of the First Schedule to the Customs Tariff Act. Query:-1)Whether a service provider(under mining services) can avail capital goods cenvat credit of 'addln. duty of customs ,if he imports the machinery and uses it for limestone extraction in a cement factory on contract basis?

Posts / Replies

Showing Replies 1 to 2 of 2 Records

1 Dated: 28-6-2009
By:- Mukesh Kumar

if u see the arrangements of the provisions rule 3 of the cenvat credit rules, 2004, cenvat credit of duty paid under section 3(5) is allowed without any restriction including on project imports. However, there is restriction on utilizing the same. Credit of duty paid u/s 3(5) can not be utilized for payment of service tax.

2 Dated: 1-7-2009
By:- sunil mehta

Dear Mukeshbhai, My query relates to a service provider.As per your reply, he can avail cenvat credit of additional duty paid under section 3(5) of customs Tariff Act,on project imports but ,such cenvat credit cannot be utilised by service provider for payment of service tax.Then for what purpose a service provider can utilise such credit of additional duty as explained above?


Old Query - New Comments are closed.

← Previous Next →
Discussion Forum
what is new what is new

Let's just recapitulate:

|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members ||

© [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.