Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

Please advice

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Dear Sir, We debited excise duty form Cenvat ,EDN Cess SHE Cess. But now we don t have enough balance in EDN cess SHE cess. So please advice me can I utilise Cenvat basic excise duty, Edn Cess She Cess Thanks Regards, Sushil - Reply By NEERAJ KUMAR, RANCHI - The Reply = Kindly make your query more clear. - Reply By Pradeep Khatri - The Reply = No you can adjusti it from the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... basic excise duty. You would have to deposit it through GAR-7 Challan (in cash). - Reply By sanjay misra - The Reply = You can go through the following Judgement C.C. C. EX., J K Versus BHARAT BOX FACTORY LTD. (UNIT NO. 1) - (CESTAT, NEW DELHI) Classification - Cenvat credit - Refund - Notification No. 56/2002-CE ., dated 14-11-2002 -payment of E.Cess using Cenvat crdit of basis du .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ty - Held that: the provision of law either as it stood in the year 2005 or even today does not permit the payment of cess by utilising cenvat credit availed on payment of excise duty as the provision of law comprised under sub-rule 7(b) of Rule 3 specifically makes the provision regarding the utilisation of the cenvat credit. It specifically provides that the credit of the education cess on excis .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... able goods and education cess on taxable services can be utilised, either for payment of the education cess on excisable goods or for payment of education cess on taxable services. - the modus operandi adopted by the respondents was not correct in relation to the utilisation of the cenvat credit while availing the benefit of Notification No. 56/2002 , dated 14-11-2002. - Claim of refund rejected .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... - decided in favour of revenue. - Please advice - Query Started By: - SUSHIL SOMAWANSHI Dated:- 22-9-2011 Central Excise - Got 3 Replies - Central Excise - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates