Credit on goods received from EOU

Savita (Advocate) (41 Points)

19 July 2010  

In case of goods purchased from EOU,  Rule 3 (7) of Cenvat Credit Rules, 2004 provides a formula for calculating quantum of credit to be availed. However, the formula applies only when the EOU paid duty under serial 2 of the notification No. 23/2003-CE (ie BCD 50% of normal BCD). 

 

 

How much credit would be available if the EOU pays full duty (i.e. it does not pay concessional duty under serial 2).  In absence of any formula, it appears that the entire duty paid by EOU (including BCD component) would be available as credit. This appears contrary to policy.

Will someone clarify?