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Cess @ 5% on Royalty - Can be taken Cenvat credit ?

This query is : Resolved 
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(Querist)
05 November 2010 We have deposit Cess @ 5% on Royalty to RBI and balance @ 5.30% as service tax (Total 10.3% service tax on Royalry i.e. IPR)

And We have taken credit service Tax 5.3%.

My Q is :

Can we taken cenvat credit of Cess @ 5% ?
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sachin alwadhi

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sachin alwadhi (Expert)
05 November 2010 no,it is a part of ur cost.
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BALU V

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BALU V (Expert)
08 November 2010 Try this. Don't set off the Cess. Pay 10.3% ST and avail full credit.
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CA Gunjan H Shah

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CA Gunjan H Shah (Expert)
31 December 2010 This is one area where u have to bear R&D Cess on your own. Payment for cess is not allowed as credit under Cenvat Credit Rules 2004.

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