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2022 (9) TMI 230 - HC - Central ExciseCENVAT Credit - Additional Duty of Customs (CVD) paid on imported coal - applicability of N/N. 12/2012-cus dated 17.03.2012 and 12/2013-Cus dated 01.03.2013 - the fact that no credit of excise duty at the concessional rate of 1% is available under the proviso to Rule 3(1)(i) of the Cenvat Credit Rules, was not appreciated - restriction on credit of CVD at the rate of 1%/2% - restriction of duty of excise in the Notification No. 1/2011 CE dated 01.03.2011 and in Notification No. 12/2012 CE dated 17.03.2012 read with Rule 3 of the Cenvat Credit Rules, 2004 is applicable to the countervailing duty, or not? HELD THAT:- Identical issue has been decided in favour of the assessee by the tribunal in M/S HINDALCO INDUSTRIES LTD. APPELLANT VERSUS GST, BHOPAL RESPONDENT [2018 (3) TMI 1124 - CESTAT, NEW DELHI], holding that taking into consideration Notification No. 12/2012-Cus there is no bar for availment of CENVAT Credit in terms of the Rule 3(7) where duty paid under Notification No. 12/2012-Cus and CENVAT Credit cannot be denied. The tribunal rightly granted relief in favour of the respondent assessee and the order does not suffer from any error warranting interference - the appeal fails and is dismissed and the substantial questions of law are answered against the revenue.
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