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Issue ID : 110224
- 0 -

Custom Cess Credit

Date 22 Apr 2016
Replies3 Answers
Views 1640 Views
Asked By

Sir,

We can not avail Custom Cess credit. if we want to take credit in Cenvat Register any rule in Excise and Customs.

Akhilesh

3 answers
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Old Query - New Comments are closed.

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- 0
Replied on Apr 23, 2016
1.

Sh.Naresh Vijay Ji,

Searched but could not find any provision. Admissibility of Cess on Customs Duty is not specified. Invite views of experts for enrichment of my knowledge.

- 0
Replied on Apr 23, 2016
2.

Dear Naresh Vijayji

As per the Notification No.13 and 14/2012-CUSdated 17.03.2012 , levy of Education Cess and S& H Education Cess on CVD is exempted,

As per my view Department is denying the Cenvat credit on Education Cess and S&H education Cess by treating it as customs Cess.

- 0
Replied on Apr 25, 2016
3.

Dear Friend,

with respect to imported goods, credit of Cess ( Edu. cess and SHE Cess) paid on CVD was eligible as credit .

Now as already stated, the cess was levied only on CVD without charging separately on both BCd and CVD.

Presently there is no edu and SHe cess as they were withdrawn.

In this situation, I feel you are concerned about taking credit of Cess paid on CVD earlier when it was in force.

If that be the case, you may have to comply with the time limit of ONE Year from the date of receipt of imported materials. I am confident, it is already more than one year,you may not be eligible for such credit. However, it is advised to pl. check the time limit and proceed accordingly.

Best Regards

S suryanarayana

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