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Cenvat credit on capital goods

Central Excise - Started By: - S.C. WADHWA - Dated:- 4-7-2015 Last Replied Date:- 5-7-2015 - Dear Experts,We are manufactures of dutiable products of chapter 20 and 21 and paying duty @2% as mentioned in general exemption no.46 when no cenvat credit .....

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ation No. 2/2011-CE dated 01.03.2011 as amended stipulates that nothing contained in this notification shall apply to the goods in respect of which credit of duty on inputs or tax on input services has been taken under the provisions of the CENVAT Cr .....

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from the whole of the duty of excise leviable thereon, and includes goods which are chargeable to Nil rate of duty, goods in respect of which the benefit of an exemption under Notification No. 1/2011-CE, dated the 1st March, 2011 or under entries at .....

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of exempted goods or in providing exempted services . Since the provisions of CENVAT Credit Rules, 2004 has overriding effect on the provisions of a Notification, you are not eligible to avail the credit of duty paid on capital goods. - Reply By Ram .....

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which indicates exemption from whole of duty of excise or NIL rate of duty. But as per the notification no. 1/2011 CE goods are not exempt from the whole of duty of excise, rather they are liable to duty @2% and therefore outside from the purview of .....

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