2023 (5) TMI 384 - AT - Central Excise

CENVAT Credit - CVD paid through DEPB Scrip under custom Notification No. 96/2004 dated 17.05.2004 - case of the department is that as per para 4.3.5 of Exim Policy where CVD is paid through DEPB Scrip no benefit of Cenvat Credit shall be admissible - period involved in the present case is January 2005 to December 2011 during such period notification no. 96/2004-Cus dated 17.09.2004 was prevailing - HELD THAT:- The relevant para (vi) of the notification makes it clear that the importer shall be entitled to avail cenvat credit of additional duty against the amount debited in DEPB. It is undisputed that all the bills of entry have been assessed under Notification No. 96/2004-Cus dated 17.09.2004 therefore, CVD debited in the DEPB under the said notification is available for cenvat credit to the importer - from para 4.3.5 of FTP 2004-09 which was in force during the relevant period of this case i.e. January 2005 to December 2011. The importer is eligible for cenvat credit in respect of additional customs duty paid either in cash or through debit under DEPB therefore, in view of the statutory provision the appellant are entitled for the cenvat credit.

It is settled that even if the licences were issued under FTP 2000-07 then also the credit cannot be denied, so long the imports were made under notification no. 96/2004-Cus which is issued under FTP 2004-09. Moreover, in the present case, department could not establish that the licenses were issued under FTP 2000-07, for this reason also the proposal for denial of cenvat credit by the revenue is not sustainable.

The appellant is entitled for cenvat credit - Appeal of assessee allowed.