Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2008 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2008 (11) TMI 220 - CESTAT, CHENNAICenvat Credit – duty paid utilizing DEPB – allow ability – held that - , it is obvious that additional duty of customs paid by adjustment in DEPB scrip at the material time was not available as Cenvat credit owing to express statutory prohibition against such availment. The same became admissible even if paid by adjustment in DEPB scrip when the Exim Policy and the exemption notification were appropriately amended - The credit of the additional customs duty paid by adjustment in DEPB scrip commenced to be allowed only after the Exim Policy and the DEPB Notification were appropriately altered. Therefore, the impugned order passed following the ratio of the Larger Bench decision of the Tribunal in Essar Steels Ltd. case is in accordance with law and the same does not call for any interference
|