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2013 (10) TMI 802 - CESTAT CHENNAI100% EOU - credit based on a formula prescribed under Rule 3(7) - inclusion of additional duty leviable u/s 3(5) along-with CVD u/s 3(1) of the Customs Tariff Act - Waiver of pre-deposit – Held that:- From 1.3.05 if the inputs were imported, the manufacturer would be eligible for cenvat credit of duties paid under section 3(1) and section 3(5) of the Customs Tariff Act, 1975 - there is no warrant to treat the term CVD referred to in Rule 3 (7) of the Cenvat Credit Rules as applicable only to additional duty leviable under Section 3(1) of the Customs Tariff Act - The term CVD has not been specifically defined in the Cenvat Credit Rules, but it has been explained that "BCD & CVD denote advelorm rates in per cent, of basic customs duty and additional duty of customs leviable ". The additional duty levied under Section 3(5) has also been made eligible for credit, it would be proper to hold that the term CVD referred to in the formula would refer to both varieties of additional duties leviable under Section 3(1) and 3(5) of the Customs Tariff Act, 1975 - As per the General Clause Act, when the context requires the word used in singular can mean in plural and, the term CVD can mean the two CVDs - even after insertion of new proviso in Rule 3(7) of CENVAT Credit Rules, formula is still retained in the said Rules - Prima facie, the applicants are entitled to grant stay of recovery of dues till the disposal of appeals - Pre-deposit of the entire amount of duty, penalty and interest is waived during the pendency of the appeal – Stay granted.
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