Payment Of Education Cess From Credit Of Basic Excise Duty

By Author: LawCrux Advisors
Total Articles: 15
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Sometime Credit in the account of one or more heads of Excise duty i.e Cenvat, Education Cess & SHE Cess has been piled up due to various reasons. Now the question is whether payment of one head can be done from the Cenvat credit lying unutilized in Account of other head.

The answer of the above question is given in Rule 3 of Cenvat Credit Rule 2004. As per Proviso to Rule 3(7) (b) of Cenvat Credit Rule 2004 which are produced below there is a restriction regarding use of Cenvat Credit of Education Cess & Secondary Education Cess for payment of only Education Cess & Secondary Education Cess but there is no vice versa restriction which means that Cenvat Credit of Education Cess & Secodary Education Cess can be used for payment of Education Cess & Secondary Education Cess only, no cross adjustment is possible in this case.

Proviso to Rule 3(7) (b) of Cenvat Credit Rule 2004

Cenvat credit built up out of education cess can be utilized only for payment of education cess on excise duty and service tax. It can not be utilized for the payment of excise duty, service tax and secondary higher ...
... education cess.

Cenvat credit built up out of secondary higher education cess can be utilized only for payment of secondary Education cess on excise duty and service tax. It can not be utilized for the payment of excise duty, service tax and education cess.

As far as utilisation of Cenvat Credit of Basic Excise Duty is concerned there is no such clause which restricts the assessee from using the Cenvat Credit of Basic Excise Duty for payment of Education Cess & Secondary Education Cess. So if there is no restriction then Cenvat credit of Basic Excise Duty can be used for payment of Education Cess & Secondary Education Cess. In addition to this the same issue has been already decided in case of 2009 (233) ELT 0221 (Tri. - Ahmd.) Commissioner of Central Excise, Vapi Versus Donear Inds. Ltd. by holding that credit of Basic Excise duty can be utilized for payment of any duty of excise.

About Central Excise:-
Central Excise is a Governmental body which is run by the Central Board of Excise and Customs. Central Government under the authority of Entry 84 of the Union List (List 1) under Seventh Schedule read with Articles 268 to 281 of the Constitution of India.
Central excise duty is the tax levied by central government on goods manufactured in India & custom duty is levied on goods imported from other countries.