Cenvat credit on CVD paid at conncessional rate by Not. no. 56/2011- CUS admissible or not

[manish kumar]

Dear Sir, An assessee import Steam coal from Indonesia by virtue of Notification no. 46/2011-Cus and 12/2012-Cus and pay additional custom duty @ 2%. Now, They take Cenvat credit on such items. Whether it is admissible or not in view of Cenvat credit rule 2004. Please clarify this issue with proper notification/rule. Thanks

AI Summary

Importer Eligible for Cenvat Credit on Concessional Duty for Indonesian Steam Coal Under Cenvat Credit Rules 2004. An assessee imported steam coal from Indonesia under specific customs notifications and paid an additional customs duty at a concessional rate of 2%. The query raised was whether Cenvat credit on this duty is admissible under the Cenvat Credit Rules 2004. Two responses confirmed the admissibility of the credit. One response cited Circular No. 41/2013-Cus, which supports the eligibility for Cenvat credit when importing under the mentioned notifications. Both replies affirmed that the importer can avail of the concessional CVD and take Cenvat credit accordingly.