TMI Blog2012 (8) TMI 473X X X X Extracts X X X X X X X X Extracts X X X X ..... issued on 30.3.2010 demanding the cenvat credit for the period May, 2007 to October, 2008 i.e. beyond the period of one year. The appellants were relying on the decisions in the case of Shreya Pets Pvt.Ltd. vs. CCE, Hyderabad (2008 (9) TMI 351 - CESTAT, BANGLORE ) and others which were issued prior to the issue of SCN. Therefore, appellants were under bona fide belief that Cenvat credit is admissi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mount calculated by the formula X x [ 1+BCD/400) x (CVD/100) ]. However, the appellants were availing full Cenvat credit of CVD, Education Cess, Secondary and Higher Education Cess. In view of Rule 3 of the Cenvat Credit Rules, the appellants were entitled to Cenvat credit as per this formula prescribed in Rule 3(7)(a) of Cenvat Credit Rules. But the appellants were wrongly availing the Cenvat cre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... time bar. He also submitted that the data of Cenvat credit availed by them was shown in ER1 Returns for the period May, 2007 to October, 2008. He submitted that Rule 3(7)(a) of Cenvat Credit Rules was amended from 7.9.2009 and it was observed by the Commissioner(Appeals) that credit of Education Cess and Secondary and Higher Education cess was admissible only from the date of amendment i.e. from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se notice to them was issued only on 30.3.2010 invoking the extended period for demanding the Cenvat credit for the period May, 2007 to October, 2008. He, therefore, submitted that in view of the various CESTAT s decisions covering the period prior to amendment, they were eligible for Cenvat credit of Education cess and Secondary and Higher Education cess on inputs received from 100% EOU and the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . and M/s. Tyche Industries Ltd.(supra). All these decisions were issued prior to the issue of show-cause notice. Therefore, the submission of the appellants that in view of the decisions, they were under bona fide belief that Cenvat credit is admissible on Education cess and Secondary and Higher Education cess even for the period prior to the amendment has considerable force. I, therefore, find t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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