Availing cenvat credit

This query is : Resolved 

11 August 2012 Dear Members,

As per the recent budget amendment, there is no Education Cess or Secondary and Higher Education Cess applicable on CVD.

My doubt is, in case Basic Customs Duty is Nil, but CVD is applicable (i.e. 12%), education cess has to be charged on the total duty (i.e. on BCD + CVD)?

Let me explain my doubt with example:

Assessable Value : 100

BCD : NIL

CVD : 12% (No Cess Included)i.e Rs.12

Customs educ cess : (2% on BCD+CVD)i.e Rs.2.24
CustomsS&h Edu cess : (1% on BCD+CVd) i.e Rs.1.12

My doubt is whether i can take cenvat credit i.e Rs. 2.24 and Rs. 1.12 kindly clarify

regards

ravindra

11 August 2012 you may explain in below mentioned example:

http://taxguru.in/custom-duty/budget-2012-important-respect-custom-duty.html

11 August 2012 even though, the CESS are calculated on CVD when BCD is nil, CESS amount is not eligible for CENVAT CREDIT.




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