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2014 (6) TMI 335 - AT - CustomsLevy of CVD - effective rate of CVD equal to excise duty - Notification No. 1/2011 and 2/2011-C.E - rate of duty - whether the Excise duty rate prescribed for goods falling under Chapter Heading Nos. 5004 and 5005 subject to the condition that no credit of duty on inputs and capital goods have been taken under the provisions of Cenvat Credit Rules, 2002, could be applied for the levy of CVD in respect of imports of the said goods - Held that:- benefit of 1% ad valorem is available subject to the condition of non-availment of CENVAT credit of the duty paid on inputs or the tax paid on input services under Cenvat Credit Rules, 2004. Unless this condition is satisfied, the benefit of 1% of duty cannot be granted. The question of taking CENVAT credit under the CENVAT Credit Rule, 2004 does not arise in the case of imported goods and, therefore, this condition cannot be satisfied in respect of imported goods. Hence, the imported goods will not be eligible for the benefit of duty exemption under this Notification. CVD is leviable on Intravenous fluid @ 5% ad valorem under Notification No. 2/2011-C.E., dated 1-3-2011 and not @ 1% ad valorem under Notification No. 1/2011-C.E., dated 1-3-2011 as claimed by the appellant - Decided against assessee.
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