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2013 (4) TMI 28 - CESTAT BANGALOREAscertainment of the term ‘’CVD’’ under Rule 3(7) of the CENVAT Credit Rules for calculating actual amount of CENVAT credit. - 100% EOU unit - The dispute mainly relates to whether the term ‘’CVD’’ used in the formula under Rule 3(7) of the CENVAT Credit Rules is admissible as for calculating the total amount of credit or not. Held that:- The term “CVD” has not been specifically defined in the CENVAT Credit Rules and Board’s Circular No. 818/15/2005-CX., dated 15-7-2005 also refers to 4% levied in terms of Section 3(5) of the Customs Tariff Act as CVD/Special CVD. we prima facie hold both the CVDs should be taken into account while determining the eligible amount of credit under Rule 3(7) of the CENVAT Credit Rules.
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