Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2015 (10) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (10) TMI 2842 - AT - Central ExciseCalculation of CENVAT credit to be availed by a DTA unit in respect of inputs procured from 100% EOU - value of Basic Customs Duty (BCD) as leviable or what has exactly been paid by 100% EOU will be leviable. Revenue's objection is that the formula, as prescribed under the said Rule denotes the BCD actually paid by the 100% EOU and not the BCD leviable on like goods if imported into India. HELD THAT:- The said issue stands decided by the Tribunal in the appellant's own case M/S. MICRO LABS LTD VERSUS COMMISSIONER OF CENTRAL EXCISE [2015 (10) TMI 1788 - CESTAT BANGALORE] wherein by taking note of a precedent decision in the case of SV. SALES CORPORATION VERSUS COMMISSIONER OF CENTRAL EXCISE, SURAT [2013 (9) TMI 209 - CESTAT, AHMEDABAD] it stands held that the BCD, mentioned in the said formula, refers to the BCD leviable on the like goods if imported into India. The impugned order set aside - appeal allowed.
|