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

Cess on custom

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Cess on custom
Query (Issue) Started By: - ashok Bohra Dated:- 21-9-2015 Last Reply Date:- 25-9-2015 Customs - Exim - SEZ
Got 2 Replies
Customs
Dear sir, kindly inform duty on which cess on custom is chargeable From last several years to till date custom department is charging custom cess on basic duty and on cvd , where as explanatory note on custom clarify that custom cess is app .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... licable on basic duty only not on cvd. And excise department is not agree to give centvat on such cess charged on cvd . Reply By Rajagopalan Ranganathan: The Reply: Sir, Under CENVAT Credit Rules, 2004 credit is allowed only in respect of - (i) the duty of excise specified in the First Schedule to the Excise Tariff Act, leviable under the Excise Act; Provided that CENVAT credit of such duty o .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... f excise shall not be allowed to be taken when paid on any goods - (a) in respect of which the benefit of an exemption under notification No.1/2011-CE, dated the 1st March, 2011 is availed; or (b) specified in serial numbers 67 and 128 in respect of which the benefit of an exemption under Notification No. 12/2012-CE,dated the 17th March, 2012 is availed;] (ii) the duty of excise specified in th .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e Second Schedule to the Excise Tariff Act, leviable under the Excise Act; (iii) the additional duty of excise leviable under section 3 of the Additional Duties of Excise (Textile and Textile Articles) Act,1978 ( 40 of 1978); (iv) the additional duty of excise leviable under section 3 of the Additional Duties of Excise (Goods of Special Importance) Act, 1957 ( 58 of 1957) (v) the National Calam .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ity Contingent duty leviable under section 136 of the Finance Act, 2001 (14 of 2001); (vi) the Education Cess on excisable goods leviable under section 91 read with section 93 of the Finance (No.2) Act, 2004 (23 of 2004); (via) the Secondary and Higher Education Cess on excisable goods leviable under section 136 read with section 138 of the Finance Act, 2007 (22 of 2007); [3] (vii) the addition .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... al duty leviable under section 3 of the Customs Tariff Act, equivalent to the duty of excise specified under clauses (i), (ii), (iii), (iv), (v) , (vi) and (via). Except the above mentioned cess in respect of any other cess paid credit is not available under CENVAT Credit Rules, 2004. Reply By Rajagopalan Ranganathan: The Reply: Sir, In continuation of my reply Education cess and Secondary and .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Higher Education cess are not leviable from 13.2015.
Discussion Forum - Knowledge Sharing .....

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