Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2017 (6) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (6) TMI 206 - AT - Central ExciseUtilization of Additional Excise Duty (AED) credit - the Revenue took the view that such utilization of credit accrued prior to 1.3.2003 is not in order and proceeded to raise demands for reversal of such AED - Held that: - It stands clarified by CBEC vide their circular dated 6.3.2003 that credit availed prior to 1.3.2003 can be used for making payment of CENVAT duty after 1.3.2003. In the subsequent revised circular dated 30.9.2003, it has been clarified that such benefit of utilization after 1.3.2003 will not be extended to the goods received prior to 1.3.2003 but the credit on which availed was on or after 1.3.2003. The entire credit of AED (GSI) disputed in the present case has been availed prior to 1.3.2003. Consequently, we are of the view that the Circular dated 30.9.2003 will have no application to the present facts of the case. Appeal rejected - decided against Revenue.
|