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Cenvat credit on goods manufactured by 100% EOU

Ankur Simghal

Q: Lets take X Ltd is a 100 percent EOU. Y ltd is a normal company. Y ltd. purchased goods from X Ltd on 15/09/2013.

the bill contains excise duty as under taking hypothetical figures:

 

Basic Custom Duty(BCD)   = Rs. 5000

CounterVreilly Duty(CVD)   = Rs 2000

EC + SHEC + Spl. CVD.     = Rs.500

Now the ques is will Y Ltd get the Credit Of Rs. 7500 ???

Reply with proper supporting

Can Y Ltd Claim Cenvat Credit on Purchases from 100% EOU? Credit Allowed for CVD, Not Basic Customs Duty. A query was raised regarding whether Y Ltd, a regular company, can claim Cenvat credit on goods purchased from X Ltd, a 100% Export Oriented Unit (EOU). The invoice included various duties: Basic Custom Duty (Rs. 5000), Countervailing Duty (CVD) (Rs. 2000), and other duties totaling Rs. 500. Responses clarified that Y Ltd can only claim credit for the CVD and additional duties, excluding customs duty and related cess. It was noted that credit on education cess and secondary education cess is no longer permissible, although it was allowed previously. (AI Summary)
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