Education Cess & S&H Cess

[Kuldeep Kapoor]

Respected Experts

With kind regards submitted

That In my Books I have received the education Cess as under :

2013-14 Education Cess 50% = ₹ 69316 S&HE Cess 34658

2014-15 50% of last Year Education Cess 50% = ₹ 69316 S&HE Cess 34658

2014-15 50% of Current Year Education Cess 50% = ₹ 336549 S&HE Cess 168283

2015-16 50% of Last Year Education Cess 50% = ₹ 336549 S&HE Cess 168283

2015-16 No Education Cess Nil S&H Cess = Nil

I have cenvat Credit in my books as today is EDu Cess : 814307 - S&H Cess = 407172

Since we have Just started 1st sale in Jan-2017 and I seek guidance from experts how much Education Cess and S&H Cess I can merge with BED to make duty under Central Excise notification No. 12/2015-CE(NT) dated 30.04.2015 amended the rule 3(7)(b) of Cenvat Credit Rules ,2004

AI Summary

Education cess credit cannot be merged with basic excise duty, limiting use to corresponding cess liabilities and likely lapsing.
CENVAT credit of Education Cess and Secondary and Higher Education Cess is restricted to payment of those respective cesses and generally cannot be applied against Basic Excise Duty; transitional notifications permit limited use only for receipts after specified dates, while administrative circulars regard accumulated pre transition credits as lapsed, leaving litigation as the suggested means to contest that administrative position.