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Can we take credit of.......

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..... Dear All, We have one querry , We have exported the goods and the same we have imported for repairing purpose , and paid all the duties like CVD, Addl, Custom and Cess. It is for repairing purpose and it will be back to the party, so there has no money transaction will be involved. We will not do payment to the party. In this case, can we take cenvat credit of CVD and Addl duty ? Awaiting fo .....

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..... r reply, thanks. - Reply By KASTURI SETHI - The Reply = Repair does not amount to manufacture in terms of Section 2(f) of the Central Excise Act. When no manufacturing process is to be carried out, why to take credit ? - Reply By Rajagopalan Ranganathan - The Reply = Sir, You need not take credit of CVD and Addl. duty paid. Instead you can claim drawback of the duties paid at the time o .....

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..... f re-import when you reexport the product after repair. - Reply By KASTURI SETHI - The Reply = Sh.Trivedi Ji, I agree with the views of Sh.Ranganathan Sir. - Reply By Ganeshan Kalyani - The Reply = Sir, credit is allowed only if the input used is in or in relation to manufacturing activity. Repairing is not manufacturing and hence no credit allowed. Thanks - Reply .....

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..... By surya narayana - The Reply = Dear Friend, It is not clear in your query , whether the import was under OGL or under re-import ( either under 94/96-CUs ) . If it is only for re-export after repairs, the right procedure would be to import under 158/95 -Cus without payment of duty or under 94/96-Cus ( on payment of only the duty prescribed therein which is cenvatable ) In view of th .....

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..... is , as stated by Shri. Ranaganathan, the best way would be to claim DBK under Section 174 of Customs after re-export. Best Regards Suryanarayana - Can we take credit of....... - Query Started By: - Mehul Trivedi Dated:- 3-6-2016 Customs - Import - Export - Customs - SEZ - Got 5 Replies - Customs - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Man .....

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..... agement India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax .....

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