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2023 (1) TMI 148 - HC - Central ExciseCENVAT credit of additional excise duty in lieu of Sales tax [AED(GSI)] (Additional Excise Duty (Goods of Special Importance) paid on Nylon Tyre Chord Fabric used in the manufacture of tyres - HELD THAT:- Undisputed facts of the case are, pursuant to the first amendment of Rule 3(6) of CENVAT Credit Rules brought with effect from 01.03.2003, assessee utilized the credit for payment of duty on tyres by way of cross utilization of AED(GSI). With the subsequent amendment, the assessee re-credited the sum of Rs.9,51,11,316/-. In identical circumstances, in the case of THE COMMISSIONER OF CENTRAL EXCISE, MUMBAI-III VERSUS M/S CEAT LTD. [2013 (7) TMI 568 - BOMBAY HIGH COURT], the Bombay High Court has upheld the order passed by the Commissioner of Central Excise dropping the show cause notice. The CESTAT has extracted the relevant passage from the judgment of Bombay High Court in CEAT Ltd. and allowed the appeal. We are in respectful agreement with the view taken by the Bombay High Court. There are no legal infirmity in the order passed by the CESTAT as it is in consonance with the judgment of Bombay High Court in CEAT Ltd. - appeal dismissed.
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