TMI Blog2018 (5) TMI 191X X X X Extracts X X X X X X X X Extracts X X X X ..... ], where in identical circumstances, the benefit has been allowed, by holding that there is no warrant to restrict the scope of the term additional duty of customs occurring in the formula to only the additional duty leviable under sub-section (1) of section 3 and not to the additional duty leviable under sub section (5) thereof - appeal allowed - decided in favor of appellant. - E/847/2012-DB - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... BCD and CVD denotes of ad valorem rates, in percent, of basic customs duty and additional duty of customs leviable on the inputs or the capital goods respectively and X denotes the assessable value He pointed out that the Revenue seeks to exclude the SAD paid on the said goods from the calculation of credit available to them. Learned Counsel relied on the decision of the Tribunal in the case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as follows: - 5.3 Now coming to? the legal aspect, the expression used in sub-rule (7) of Rule 3 of the Cenvat Credit Rules is as follows :- Fifty percent. of [X multiplied by (1+BCD/100) multiplied by (CVD/100), where BCD and CVD denotes of ad valorem rates, in percent, of basic customs duty and additional duty of customs leviable on the inputs or the capital goods respectively and X den ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the formula mentioned above to only the additional duty leviable under sub-section (1) of Section 3 and not to the additional duty leviable under sub-section (5) thereof. As provided for in the General Clauses Act, in law, a reference to a singular terms also includes a reference to the plural. Thus for the purpose of allowing the Cenvat credit, both the additional duties have to be taken into a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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