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2018 (3) TMI 611 - AT - Central Excise100% EOU - CENVAT credit - Rule 3(7) (a) of the Cenvat Credit Rules, 2000 - Held that: - there is no dispute about the fact that during the relevant period, the percentage of BCD to be adopted in the formula was to the extent of 25% which stands raised to 50% with effect from 5.12.2008. The amending notification itself makes it clear that the same shall come into force on the date of their publication in the official gazette. It is a case where a benefit already extended to the industry stand enhanced. The entire period is before 5.12.2008 and I really fail to understand as to how the appellant could foresee the enhancement in the BCD percentage and could have availed 50% of BCD, while calculating the quantum of Cenvat credit available to them. During the relevant period, the formula prescribed adoption of 25% of BCD and by no stretch, it can be held that 50% of BCD was available to the assessee prior to 5.12.2008. Appeal dismissed - decided against appellant.
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