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

[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

Posts / Replies

[KASTURI SETHI]

Yes admissible. Read this circular especially para no.4 & 5.

Steam Coal imported from Indonesia under FTA Notification No. 46/2011-Cus. importer can avail concessional CVD under Notification No. 12/2012-Cus. simultaneously

Circular No. 41/2013-Cus., dated 21-10-2013

[Ganeshan Kalyani]

Yes, credit of addition duty is eligible in view of the Notification reproduced by Sri Kasturi Sir.