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2016 (10) TMI 338 - AT - Central ExciseCENVAT credit - inputs received from 100% EOU - Special Additional Duty - Notification No.23/2003-CE dt. 31/03/2003 states that a formula was fixed for taking the CENVAT credit on the goods received from the 100% EOU and it is restricted to 50% of the actual amount of duty paid on the inputs - for Special Additional Duty of Customs, the CENVAT credit on the goods cannot be allowed - whether the demand raised on the appellant for availing excess 50% of CENVAT credit on inputs received from 100% EOU and for availing credit on special additional duty justified? - Held that: - the appellants had not availed the benefit of Notification No.23/2003-CE dated 31.03.2003 and that therefore the demand is not sustainable. The issue involved is covered by the the case of CCE, Chennai vs Jumbo Bags Ltd. [2011 (11) TMI 565 - CESTAT CHENNAI] where it was held that in respect of supplies for which no exemption has been availed, the appellants are correct in taking credit of the entire amount of duty equivalent to the excise duty and cess. Demand unsustainable - appeal allowed - decided in favor of appellant.
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