TMI Blog2009 (9) TMI 839X X X X Extracts X X X X X X X X Extracts X X X X ..... dran and P. Karthikeyan, JJ. Shri V. Raja Ram, DR, for the Appellant. Shri R. Muralidhar, Advocate, for the Respondent. ORDER This is an appeal filed by the Revenue. Vide the impugned order, the Commissioner (Appeals) vacated the order of the original authority demanding Rs. 47,60,055/-(Rupees Forty seven lakhs sixty thousand and fifty five only) from the respondents as irregularly availed Cenvat credit during the period April, 2006 to May, 2007 along with applicable interest under Rule 14 of Cenvat Credit Rules, 2004 (CCR) and equal amount of penalty imposed under Rule 15 of CCR. During the material period, the respondents had imported inputs required for the manufacture of bulk drugs and discharged duty of Customs including ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inister s Budget Speech clarifying that credit of SAD paid on import was admissible as credit to manufacturers. The Commissioner s view that as per para 4.3.5 of Foreign Trade Policy, the Additional Customs Duty/Excise Duty and Special Additional Duty paid in cash or through debit under DEPB may also be adjusted as Cenvat Credit or Duty Drawback as per DOR Rules was incorrect as Circular No. 18/2006-Cus., dated 5-6-2006 had clarified that the DEPB credit used could be taken as draw back. There were no corresponding provisions in Cenvat Credit Rules to enable assessee avail credit. The Commissioner (Appeals) had wrongly held that the respondents had not suppressed the wrong availment of Cenvat Credit of SAD, since they had not furnished th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch that full credit of the 4% Special CVD will be allowed to manufacturers of excisable goods. Therefore it is clarified that the 4% CVD duty debited in DEPB, EFCE, Target Plus etc, certificates may be allowed to be taken back a draw back (brand rate). It may be mentioned here that under the Foreign Trade policy, additional customs duty (CVD) debited in DEPB scrips/certificates issued under reward schemes is allowed to be taken as cenvat/draw back . 5. We find that the impugned order is consistent with the provisions of the Notification and the clarification issued by the CBEC. In the circumstances, we sustain the impugned order and dismiss the appeal filed by the Revenue as devoid of merit. (Operative portion of this order pronounced o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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