jobwork servicetax

This query is : Resolved 

22 August 2009 Dear all
we are doing jobwork for 100% EOU.job work done by us falls under ch.39 onwhich appropriate duty is 8%.The appropriate duty of excise shall not include NIL rate of duty or duty of excise is wholly exempt.
The pricipal (100%EOU) is clearing goods without payment of duty not because of goods are under nil duty or exempt.
my question is : 8/2005 can be availed ?
If not Why?

24 August 2009 As long as the 100%EOU is sending the same under a permission and under law, the job work exemption under Not. 8/2005 should be available as the removals to DTA by the EOU results in duty payments.
However represenatations maybe inorder to avoid demands in future.

24 August 2009 Dear Mr.Madhukar,

Thannk you for your reply

My doubt is if the 100% EOU remove the goods meant for export, the N/n 8/2005 is

available or not




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