Home Case Index All Cases Central Excise Central Excise + HC Central Excise - 2017 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (8) TMI 823 - HC - Central ExciseUtilisation of CENVAT credit - Interpretation of statute - Rule 57F(12) of erstwhile Central Excise Rules, 1994 - Whether credit of Additional Duties of Excise can be utilised towards payment of Basic Excise Duty when N/N. 5/94-C.E. (N.T.), dated 1-3-1994 specifically provides that AED shall be utilised only towards payment of duty of excise leviable under the Additional Duties of Excise (Goods of Special Importance) Act, 1957? - Held that: - by insertion of the said proviso, the effect of Rule 57A and the notification issued thereunder is clearly wiped out. It is no more the requirement of law that credit taken for additional duty paid should be utilised only for clearing the goods if additional duty is to be paid in respect of the said goods also - Since the period concerned in this matter is after the insertion of the proviso, the benefit of the proviso should be extended to the assessee - decided in favor of assessee.
|