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2018 (2) TMI 476

Head Note / Extract:
CENVAT credit availed on the Education Cess and Secondary & Higher Education Cess - N/N. 13/2012-Cus and 14/2012-Cus both dated 17.03.2012 - whether the assesse are entitled to cenvat credit of Education Cess and Secondary Higher Education Cess paid on imported goods post March 2012? - Held that: - Education Cess on excisable goods leviable under Section 91 read with Section 93 of the Finance Act, 2004; the Secondary and Higher Education Cess on excisable goods leviable u/s 136 read with Section 138 of Finance Act, 2007, are eligible to credit. Under Clause (vii) additional duty of customs leviable u/s 3 of the Customs Tariff Act equivalent to duty of excise specified under Clause (i),(ii),(iii),(iv),(v),(vi),&(via) is eligible to credit.

Education Cess and Secondary Higher Education Cess paid under Section 94 of the Finance Act 2004 and Section 139 of the Finance Act, 2007, on the aggregate duty of customs levied under Sec.12 the Customs Act, 1962 can never be held to be admissible to credit which continued to be levied before and after 17.3.2012.

Penalty - Held that: - issue involved in the present appeals relates to pure question of interpretation of law and the demand notices were issued for normal period of limitation, therefore, imposition of penalty on the assesses is unwarranted - penalty set aside.

Appeal allowed in part.


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