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2017 (11) TMI 469 - AT - Central ExciseCENVAT credit - credit availed on the imported inputs wherein the countervailing duty is deducted/adjusted in the DEPB passbook - appellant's case is during the period in question September 2004 to November 2004, they are eligible to avail the cenvat credit while Revenue is of the view that since the DEPB scripts which were utilized by the appellant were issued as per Exim Policy 2002-07 they are not eligible to avail the cenvat credit. Held that: - identical issue decided in the case of Commissioner of Central Excise Commissionerate, Ludhiana Versus M/s Neel Kanth Rubber Mills [2010 (4) TMI 281 - PUNJAB & HARYANA HIGH COURT], where it was held that the EXIM Policy amended, vide Notification dated 28.1.2004 and Notification No.96 dated 17.9.2004, postulate that “an importer shall be entitled to avail the Cenvat credit of additional duty leviable under section 3 of the Act against the amount debited in DEPB. There is no such condition in the indicated notifications that the debits made in DEPB, the licenses issued under the Foreign Trade Policy only would be eligible for credit and the debits made in DEPB issued under the previous policy will not be eligible for credit. It means, the assessee was entitled to claim the benefit in this relevant connection - appeal allowed - decided in favor of appellant.
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