Cenvat credit on 5%/1% exicise duty on Fly ash

[Gourav Arora]

Experts .

Can We take cenvat credit of excise duty paid on purchase of fly ash used in manufacturing of cement,.

Regards

[YAGAY and SUN]

Now it is 2%.

[Gourav Arora]

2% is Ok sir...but wht about cenvat credit on Fly ash?

[YAGAY and SUN]

If you pay duty @ 2%, then, you can't avail the CENVAT credit, and if you opt for 6% duty on fly ash, then, you may avail the CENVAT credit on it.

[Gourav Arora]

Thanks Sir for your valueable comment....

Sir can u pls provide me the notification no for 6% excsie duty on fly ash under which cenvat credit can be taken.

[YAGAY and SUN]

Please check Notification No. 16/2012-CE and 19/2012-CE read with 01/2011-CE and 02/2011-CE in the regard.

AI Summary

Cenvat credit on excise duty for fly ash depends on chosen duty rate and related notification conditions.
Whether CENVAT credit is available on excise duty paid on fly ash used in cement manufacture depends on the duty rate and applicable notifications: paying duty at the lower concessional rate precludes CENVAT credit, whereas opting to pay duty at the higher rate may permit CENVAT credit; consult Notification No. 16/2012-CE and 19/2012-CE read with Notification No. 01/2011-CE and 02/2011-CE for the controlling provisions.