excise duty

This query is : Resolved

RITESH KHANDELWAL (Querist)
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23 December 2008 hello Sir,

I want to know if i can claim cenvat credit on excise duty paid by me to the second stage dealer?

CA Mani

CA Mani (Expert)
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24 December 2008 Hi,

If you are involved in manufacturing activities/ providing taxable service, you can claim credit of excise duty paid, even if it is to 2nd stage dealer.

Reference in CENVAT credit Rule3:-

3. CENVAT credit. -

(1) A manufacturer or producer of final products or a provider of taxable service shall be allowed to take credit (hereinafter referred to as the CENVAT credit) of -

(i) the duty of excise specified in the First Schedule to the Excise Tariff Act, leviable under the Excise Act;

(ii) the duty of excise specified in the Second Schedule to the Excise Tariff Act, leviable under the Excise Act;