Payment of ccr taken in case of rule 3(5) of ccr

Siddharth Jain (None) (114 Points)

31 August 2013  

1st Query:

My query is relating to the CENVAT Credit Rules 2004.

1. When I have removed input/capital goods as such, and consequently attracted the provisions of Rule 3(5),or

2. When I have sold a machine that I have used to consequently I have to return pay back CCR - % computed back to the government under Rule 3(5A), or

3. When I have provided for any machinery or Input before actual put to use, then return back CCR booked on the same under Rule 3(5B)

then,

What is the method I can make the payment of the same? If I have available CCR, can I utilise the same for the payment? Or will it have to be paid through the PLA? 

My query stems from Rule 3(4) where the rule stipulates that the usasge of CCR can be for:

a. Any duty of excise.

b. An amount equal to CCR on inputs if such inputs are removed as such or, (Rule 3(5) covered here)

c. An amount equal to CCR on capital goods if such capital goods are removed as such, or (Rule 3(5) covered here)

d. An amount under rule 16(2) of CER 2002, or

e. Service tax on any output service

 

Now does this mean that CCR that I have to return back to the government will have to be through PLA irrespective of my CCR balance? 

 

2nd Query:

Query is regarding payment of duty while removing of goods from EOU to DTA (N/N 23/2003)

Can I utlilise CCR to pay for the same? I know it is a silly question, but I am confused.

BCD component -> No

CVD 3(1) -> Yes

EDCess on the above -> No

CVD 3(5) -> Yes (only for manufacturer)

Ed Cess on the above -> Yes (only from the Educes CCR)

correct?