Formula for Availing Cenvat Credit in case of 100% EOU - DTA

This query is : Open

Querist : Anonymous

Querist : Anonymous (Querist)

15 June 2010 Dear Experts,

Request you to pl give me advise that how I can avail credit on 100% EOU unit Excise Invoice, when I myself as a DTA received inputs from one 100% EOU unit.

Pl advise me a Formula or a way to avail credit.

Warm regards,
Jayesh

CA CS CIMA Prakash Somani

CA CS CIMA Prakash Somani (Expert)
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15 June 2010 If you have paid any duty then only you can get the credit else there is no qwuetion of cenvat when you yourself purchases from 100% EOU.

CA PRAMOD SARAOGI

CA PRAMOD SARAOGI (Expert)
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15 June 2010 Rule 3(7)(a)
Prior to 05/12/2008
[AV * [(1+BCD/400) * (CVD/100)]

05/12/2008 to 06/09/2009 Notification No. 22/2009-Central Excise (N.T.) dated
07.09.2009.
[AV * [(1+BCD/200) * (CVD/100)]
*CVD (equal to ED) U/s 3(1) of CTA without EC + SAD u/s 3(5) of CTA +
E.Cess + SHEC (Third time) on aggregate of custom duty paid by EOU
W.e.f 07/09/2009
ADC U/s 3(1) of CTA (which is equivalent to ED U/s 3(1)(a) of CEA +ADC U/s 3(5) of CTA +EC + SHEC on Excisable Goods
on ED leviable U/s 3 of CEA

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Querist : Anonymous

Querist : Anonymous (Querist)

16 June 2010 Dear Sir,
If the EOU pays the Excise Duty under rule 8 of C.Exc rule 2002 than the said formula is applicable or not?

If no than can we avail full Cenvat Credit mentioned on Excise Invoice of 100% EOU?

Pl suggest.