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Urgent query cenvat short query

(Guest)

special cvd paid on capital goods gets 100 percent credit in the same year. my question is that the 50 percent credit to be taken on capital goods shall be calculated excluding it or including it !!!!

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8 Replies

Arun Kumar Singh (GST Advocate) (15220 Points)
Replied 19 October 2011

Additional Duty paid u/s 3(5) of Customs Tariff Act (Special CVD) is eligible for Cenvat credit for a manufacturer. In respect of capital goods, you can avail 100% credit this Special CVD (SAD) in the first year. (Rule 4(2)(a) of Cenvat Credit Rules).

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(Guest)

but i am asking that while calculating 50 percent credit , this amount will be included or excluded ????????????????????

Arun Kumar Singh (GST Advocate) (15220 Points)
Replied 20 October 2011

Excluding special CVD you can take 50% cenvat credit.

1 Like

ANKIT RANA (Excutive Account) (23 Points)
Replied 20 October 2011

Dear Sir

My Query Is I Have Capital Material Received On Challan Base As On Date 1.08.2011 And Its All ISsue To 3.08.2011

But Invoice Received After One Month So This Invoice Excise Duty Can Modvat In Excise Return And Its Show Or Not In RG23C Register

Pls Reply Urgent

U S Sharma (glidor@gmail.com) (21063 Points)
Replied 24 October 2011

Originally posted by : RANA ANKIT
	Dear Sir My Query Is I Have Capital Material Received On Challan Base As On Date 1.08.2011 And Its All ISsue To 3.08.2011 But Invoice Received After One Month So This Invoice Excise Duty Can Modvat In Excise Return And Its Show Or Not In RG23C Register Pls Reply Urgent

on top right corner of excise invoice please read

"original for buyer / duplicate for transporter"

so the invoice has to move with goods only, and if your such wordings get communicated to departmental officers then cenvat credit may go in soup, that such invoice is manipulated one coz it was not issued at the time of actual movement of goods.

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CA Bada Sanjay Kumar Reddy (CA) (69 Points)
Replied 28 October 2011

hi sir, Cenvat in respect of Excise duty paid on removal of capital goods to the extent of 50% csn be taken in the same Year only after considering CVD U/S 3(5). This is because Goods imported will be taxable on A.V.Assessable Value includes CVD U/s 3(5).

(Guest)

matlab special cvd ka pura credit pura lene ke baad 50 percent aur lesakte hai .. so total me 50 percent se zyada lesakte hai right ????????????????????

please reply in yes or no !!