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Customs Educational Cess - Cenvat credit

Laxmaiah Vanamamula

Dear sir,

we have received Import Material from LG Chem ,

in Customs ( Duplicate (Importer copy)

BCD  >  264637.80

CVD >  666887.20

Customs EDucational Cess >  18630.50

Cutoms sec& H.Edu.Cess    >  9315.20

we are eligible to take  Cenvat Credit  above Edu.Cess  &  Sec.Cess  ?

Please clarify it,

Thanking you ,

From,

V.Laxmaiah,Sudhakar Pipes 

Debate on claiming Cenvat credit for education cess on imports; differing views on legislative interpretation and eligibility. A discussion on a forum regarding the eligibility to claim Cenvat credit on education cess and secondary and higher education cess on imported materials. The initial query raised concerns about whether these cesses, calculated on both Basic Customs Duty (BCD) and Countervailing Duty (CVD), are eligible for Cenvat credit. Multiple replies indicate that Cenvat credit is not permissible for customs education cess and higher education cess, as they are exempted under certain notifications. However, there is debate over the interpretation of the legislation, with some suggesting exploring alternative interpretations that might allow credit. (AI Summary)
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