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2014 (2) TMI 349 - CESTAT NEW DELHIRefund of CENVAT Credit - export of yarn - Maintenance of separate credit accounts in respect of Basic Excise Duty (BED) as also in respect of Additional Excise Duty (AED) leviable under "Additional Excise Duty (Textile and Textile Articles) Act, 1978 - Held that:- Commissioner (Appeals) is otherwise not opposed to the idea of maintenance of a common CENVAT credit account of BED as also AED. If the appellant would have maintained a common account, they would have debited the said common account for the entire refunded amount of ₹ 87.10 lakhs. It is not disputed that as per the provisions of Rule 3, Sub-rule 4, the CENVAT Credit availed by an assessee either in respect of BED or in respect of AED can be utilised for payment of any duty of excise on any final product. As such, it is clear that BED and AED could have been utilised for payment of each other - The said manner which stands pleaded, by the appellant is not against the provisions of Rule 3(4) of CENVAT Credit Rules, 2004 and as such I find that in as much as BED and AED could have been utilised inter-challengeably, action of the lower authorities cannot be held to be justifiable. Accordingly, the impugned order is set aside - Decided in favour of assessee.
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