Home Case Index All Cases Customs Customs + AT Customs - 2023 (4) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (4) TMI 721 - AT - CustomsBenefit of CVD @ 8% under Notification No.30/2004-CE dated 09.07.2004 denied - denial of benefit on the ground that imported goods has not suffered duty of excise and credit has not been availed (notification says that benefit of notification will be available only if the goods that are used as inputs in the products manufactured by him, have already suffered duty of excise and the assessee has not availed credit of such duty on the inputs under the provisions of Cenvat Credit Rules, 2004). HELD THAT:- The very same issue came up for consideration before the Hon’ble Apex Court in the case of M/S SRF LTD., M/S ITC LTD VERSUS COMMISSIONER OF CUSTOMS, CHENNAI, COMMISSIONER OF CUSTOMS (IMPORT AND GENERAL) , NEW DELHI [2015 (4) TMI 561 - SUPREME COURT] and it was held that the assessee would be eligible for the benefit of notification. The Hon’ble Apex Court opined that the benefit of notification cannot be denied if the condition is such that it is practically impossible to satisfy the condition - The decision of the Apex Court in the case of SRF Ltd. would be applicable. The jurisdictional High Court in the case of THE COMMISSIONER OF CUSTOMS (EXPORTS) VERSUS M/S. PRASHRAY OVERSEAS PRIVATE LIMITED, CUSTOMS EXCISE & SERVICE TAX APPELLATE TRIBUNAL [2016 (5) TMI 1106 - MADRAS HIGH COURT] had analysed the issue after the date of amendment. In para-15, the Hon’ble High Court also took notice of the fact that the review petition filed by department against the decision of the Supreme Court in SRF Ltd. is pending. The decision of the Hon’ble jurisdictional High Court in the case of Prashray Overseas Pvt. Ltd. came to be passed on 28.03.2016 - the decision in the case of Prashray Overseas Pvt. Ltd. is not applicable to the facts and material placed. There are no grounds to interfere with the order passed by the Commissioner (Appeals) - Appeal of Revenue dismissed.
|