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2012 (3) TMI 355 - AT - Central ExciseIntrepretation area based exemption Notification No. 50/2003-C.E., dated 10-6-2003 - Exemption of NCCD - Held that:- Cenvat credit of basic Excise duty was available for utilization for payment of NCCD. The Tribunal’s decision in the case of Prag Bosimi Synthetics Ltd. reported in [2007 (5) TMI 434 - CESTAT, KOLKATA] deals with an identical issue. It stands held that the provisions of Rule 3 of Cenvat Credit Rules do not impose any restriction for utilization of Cenvat credit of basic Excise duty for payment of NCCD. We find that the appellants are entitled to stay on the said ground. Ld. DR’s reliance on the Hon’ble High Court of Gauhati in the case of Dharampal Satyapal Ltd. reported in [2011 (8) TMI 99 - GAUHATI HIGH COURT] is not appropriate inasmuch as in that case, it stands held that the Cenvat credit of Education Cess can be utilized only for the payment of Education Cess. The point required to be decided in the present appeal relates to the utilization of Cenvat credit of basic Excise duty for payment of NCCD. On the above point, we are of the view that the appellants are entitled for unconditional stay on pre-deposit - Stay granted.
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