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Cenvat Credit, Central Excise

Issue Id: - 2367
Dated: 16-11-2010
By:- murali krishna

Cenvat Credit


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Sir, My question is on Imported Capital Gooods Special Additional duty 4%, how much credit is eligible 50 percent or 100 percent ?

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Showing Replies 1 to 2 of 2 Records

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1 Dated: 17-11-2010
By:- Mangesh Lokre
You can avail the 100% Cenvat Credit against the SAD since it is duty on duty. 50% Credit is restrictred in case of CVD only.

2 Dated: 17-11-2010
By:- Vivek Dalmia

2nd proviso to Sub-Rule 2(a) of Rule 4 of Cenvat Credit Rules, 2004 provides that the Cenvat Credit of the additional duty leviable under sub-section 5 of Section 3 of the Customs Tariff Act, in respect of capital goods shall be allowed immediately on receipt of the capital goods in factory of a manufacturer.

As SAD is levied under Sub-section 5 of Section 3 of the Customs Tariff Act, 100% of CENVAT Credit thereon is admissible at the time of receipt of the capital goods in the factory of the manufacturer.

Regards - T.R. Krishnamoorthy


Page: 1

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