Whether education cess is cenvatable

Vishal (Direct & Indirect Taxation)   (24 Points)

27 June 2014  

Hello Everyone,

I have a doubt regarding the cenvatable of Education cess paid on imported goods. The following is the case from which you will able to understand my question:

Our company is importing Raw Gold on which Basic Custom Duty is Nil & CDV is 8%.

Example: Import value of Rs.1,00,000/-

The Basic Custom Duty is NIL

The CVD will be 8000/-

The SAD is Nil

Hence the total Custom Duty is 8,000/- 

The Education Cess & SHE on total custom duty is 240/-

As per Notification No 13/2012 - Custom & 14/2012-Customs whereby exempting the Edu & SHE on CVD.

The Edu & SHE charged is on total Custom Duty & not on CVD,  now since in our case the total custom cuty comprieses of only CVD so whether are we eligilbe for Edu & SHE.