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Issue ID: 1091
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Payment of CVD and ADDL . Duty

Date 11 Apr 2009
Replies 3 Replies
Views 1334 Views
Cenvat credit eligibility for duties paid via DEPB credit affirmed, subject to notification conditions and documentation requirements.
CVD and additional duty paid through DEPB credit are eligible as cenvat credit, subject to the conditions of Notification No. 89/05 Cus., dated 4.10.2005 (notably condition (vi)) which permits use of duty credit instruments for crediting purposes; practitioners advise that taxpayers may claim such credit provided compliance with the notification's conditions and documentation requirements. (AI Summary)

CVD & ADDL.DUTY PAID THRU DEPB CREDIT ELGIBLE FOR TAKING CENAT CREDIT?

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Replied on Apr 11, 2009
1.

Yes, you can avail the CVD and add. duty paid through depb credit as cenvat credit. Condition no. (vi) of the Notification No. 89/05-Cus., dated 4.10.2005 allows this benefit - https://www.taxtmi.com/notifications?id=3039

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Replied on Apr 15, 2009
2. Yes u can take the credit. views expressed by Mr. Ravi Chopra appears to be correct.
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Replied on Apr 16, 2009
3. yes your r eligible to avail both credit

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