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TMI Blogcenvat utilizationX X X X Extracts X X X X X X X X Extracts X X X X ..... cenvat utilization X X X X Extracts X X X X X X X X Extracts X X X X ..... eply: Dear RajKumar, Yes, you may. Please check Rule 3 of the CENVAT credit Rules, 2004 in this regard. Thanks Team YAGAY & SUN (Indirect Tax Consultants) Reply By MITSUI PRIME: The Reply: Dear Sir, pl.advice in law Cenvat Credit build up out od Education Cess can be utilized only for payment of education cess on excise duty and service tax. it can not be utilized for payment of excise du ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty. service tax and S H Education Cess. Under Proviso to rule 3(7)(b) of CCR. not have any mentioned clearly law is total silent in such cases but as per prov. Rule 3 as per discussed with superintendent told me told me you can not adjust. pl. advice again Thanks for cooperate in advice. Thanks & Regards Rajkuamr Reply By MITSUI PRIME: The Reply: Dear Sir, Good Morning Pl. advice we ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n utilize payment of Education Cess and S H Education Cess from Excise Cenvat Account 12 percent or Service Tax 12 percent . in law Cenvat Credit build up out od Education Cess can be utilized only for payment of education cess on excise duty and service tax. it can not be utilized for payment of excise duty. service tax and S H Education Cess.Under provided to Rule 3(7) (b) of CCR. Pl explain r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ule 3(7)(b) effect on rule 3(4) , 3(1) not have any mentioned clearly law is total silent in such cases pl. advice again Thanks for cooperate in advice. Thanks & Regards Arjun Sachdeva Reply By vani nemani: The Reply: in terms of the restrictions stipulated under Rule 3(7)(b) of Cenvat Credit Rules 2004, the credit of the named duties including Education cess can only be utilized for payment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the said duties alone, as a result of which credit of Education cess can be utilized for only paying of Education cess and not other kind of duties. This restriction cannot be extended to credit of duties not specifically listed under Rule 3(7) ibid. Hence, credit of duties specified under Rule 3(4) read with Rule 3(1) ibid can be utilized for payment of education cess/SAH education cess, but v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ice versa is not permissible. Reply By MITSUI PRIME: The Reply: Dear Sir, Please advice once again as per Rule 3(7) NOTWITHSTANDING ANYTHING CONTAINED IN SUB RULE (1) AND SUB RULE (4) RULE 3(7)(B) ALSO AUTOMATIC Attract on sub rule 1, 4 ( means rule 3(1), and rule 3(4) Pl. advice. Thanks for your co-operation in advance. Thanks & Regards Arjun Reply By Krishan Gopal: The Reply: This ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is a very disputed issue and the judgment are either side. You can check the Cenvat Credit Rule (Rule 3(4)) (as per rule we can claim) in this regard check -BBF Industry, Sun pharmaceutical Industries judgments.in favour of assessee but in case of Bharat box Factory Ltd (Tri-Delhi) no use basic excise duty to make payment of Edu.cess & SHE cess. Yes, Sir, this judgment is very strange and in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... matter of units availing area based exemption (i.e. in some state order passed in favour of assessee, where assessee can claim), such judgments are being passed. Till now there is no judgment come form supreme court. X X X X Extracts X X X X X X X X Extracts X X X X
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