Cenvat credit on goods cleared, Central Excise

[kiran kujur]

what will be cenvat credit on goods cleared from 100% Eou/STP/EPZ before 9.9.09.pl provide details ofBED,E.Cess.,H.E.Cess separately

Posts / Replies

[Surender Gupta]

The date of amendment to rule 3 of the cenvat credit rules 2004 is 7-9-2009 regarding cenvat credit to EOU/STP/SEZ. The provisions applicable before 7-9-2009 read as under: "{X multiplied by [(1+BCD/200) multiplied by (CVD/100)].}

[R.S. Mangal]

In case of goods sold by EOU in DTA under Condition No. 2 of Ntfn. NO. 23/2003 CE, the cenvat available to the buyer is as per rule 3(7) (a) of CCR, 2004. There are tribunal decisions holding that education cess, Higher educaion cess is available in full for cenvat credit by the DTA purchaser. However the matter was arguable before the amendment in CCR, 2004 on 09.09.09. In my opinion the buyer is eligible for credit of EC, HEC even before 09.09.09.