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2015 (9) TMI 1267 - HC - Central ExciseUtilization of CENVAT credit of the Additional Excise Duty - Assessee used accumulated credit of AED for payment of Basic Excise Duty (BED) and Special Excise Duty (SED) on their final product - Held that:- Reading of the Tribunal's order in CEAT Tyres' case [2010 (3) TMI 621 - CESTAT, MUMBAI] shows that the issues raised in these appeals, were exactly similar and therefore the Tribunal justified in proceeding on the basis that the controversy raised before it was covered by the Tribunal's order in CEAT Tyres case. It is also seen that the order of the Delhi Tribunal in Good Year India's case [2005 (10) TMI 400 - CESTAT, NEW DELHI] was confirmed by the High Court of Punjab and Haryana. Though, SLP was filed by the department against this judgment of the High Court that was rejected by the Apex Court on the ground of delay and keeping the question of law opened, by its order [2008 (3) TMI 672 - SUPREME COURT]. - credit of AED paid on or after 01.04.2000, is permitted to be utilized towards payment of duty of excise leviable under the first schedule or the second schedule to the Excise Tariff Act. In other words, the restriction introduced by the explanation was only in the utilization of the accumulated credit of AED towards payment of duty under the schedules of Excise Tariff Act. This means that this restriction applied only in the payment of BED and SED, which alone is payable under the Excise Tariff Act and not to AED payable under Section 3 of Act 58 of 1957 - Decided against Revenue.
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