Benefit of Additional Duty and Additional CVD - Cenavt of last year

[Guest]

Can we claim benefit of Additional Duty and Additional CVD on imported items against service tax payable. Also can we claim cenvat benefit of previous financial year in the current financial year, if it was wrongly ignored, though we were eligble to claim it in the previous year.

AI Summary

Service Providers' Cenvat Credit: Section 3(5) Customs Tariff Act Limits Additional CVD, Allows Excise Duty; Previous Year Claims Possible. A discussion on a forum addressed whether service providers can claim benefits of Additional Duty and Additional CVD on imported items against service tax and if Cenvat benefits from a previous financial year can be claimed if initially overlooked. One respondent stated that service providers cannot avail Cenvat credit for Additional CVD under section 3(5) of the Customs Tariff Act, but can for other specified duties, recommending not to claim beyond one year. Another agreed that CVD equivalent to excise duty is available, but the 4% Special Additional Duty is not for service providers, only manufacturers. Credits for previous years can be claimed if conditions are met.