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Payment of Pre Deposit

Central Excise - Started By: - Aitha RajyaLakshmi - Dated:- 17-2-2017 Last Replied Date:- 25-3-2017 - Can Pre - deposit be paid by way of reversal of Cenvat Credit? - Reply By KASTURI SETHI - The Reply = NOT ALLOWED. CESTAT Circular F.No. 15/CESTAT/General/2013-14 issued on 28.08.2014 clarifies that if the mandatory deposit of the duty confirmed is made from the CENVAT account, the same can be considered as sufficient. There are contradictory judgements on the issue. Even Hon'ble Supreme Cou .....

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final product; or (b) an amount equal to CENVAT credit taken on inputs if such inputs are removed as such or after being partially processed; or (c) an amount equal to the CENVAT credit taken on capital goods if such capital goods are removed as such; or (d) an amount under sub rule (2) of rule 16 of Central Excise Rules, 2002; or (e) service tax on any output service: Provided that while paying duty of excise or service tax, as the case may be, the CENVAT credit shall be utilized only to the e .....

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es, used in the manufacture of final products cleared after availing of the exemption under the following notifications of Government of India in the Ministry of Finance (Department of Revenue),- (i) No. 32/99-Central Excise, dated the 8th July, 1999 [G.S.R. 508(E), dated 8th July, 1999]; (ii) No. 33/99-Central Excise, dated the 8th July, 1999 [G.S.R. 509(E), dated 8th July, 1999]; (iii) No. 39/2001-Central Excise, dated the 31st July, 2001 [G.S.R. 565 (E), dated the 31st July, 2001]; (iv) No. 5 .....

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cts, in respect of which exemption under the said respective notifications is availed of. Provided also that no credit of the additional duty leviable under sub-section (5) of section 3 of the Customs Tariff Act, shall be utilised for payment of service tax on any output service: Provided also that the CENVAT credit of any duty mentioned in sub-rule (1), other than credit of additional duty of excise leviable under section 85 of Finance Act, 2005 (18 of 2005 ) shall not be utilised for payment o .....

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