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TMI Blog2013 (6) TMI 529X X X X Extracts X X X X X X X X Extracts X X X X ..... y, as per Notification No. 5/94-CE (NT) dated March 1, 1994, as amended. Since tyres (manufactured with dipped nylon tyre cord fabric ) did not attract AED, Cenvat Credit availed on AED could not be utilized till April 1, 2000 by the appellant. 3. He has submitted that by Notification No. 13/2003-CE (NT) dated 1/3/2003 Rule 3 (6) (b) of Cenvat Credit Rules, 2002 was amended to allow utilization of credit of AED (GSI) for payment of BED also. A clarification to the said amendment was issued by CBEC under Circular No. 700/16/2003 dated March 6, 2003 clarifying that it was not appropriate to put any restriction on the use of AED (GSI) Credit accrued "earlier (prior to 1.3.2003) could be used for payment of BED as well as AED (GSI). Consequent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... EAT Ltd. -2010 (254) ELT 349 (T). It is the submission of the Ld. Advocate that the facts of the CEAT case (supra) is identical to the present case and the said judgement is squarely applicable to the facts of the present case. 7. Ld. A.R. for the Revenue has submitted that the facts involved in the present case is similar to the facts of the CEAT Ltd. case but in that case at para Nine, the Tribunal has referred to the Circular No. 7/16/2003-CX dated- 6/3/03 which was withdrawn by the Board after amendment in the Finance Act. 8. Heard both sides and perused the records. We find that on similar facts and circumstances of this case, this Tribunal in CEAT Ltd. case(Supra) narrating the issue observed as: "5. We have perused th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of BED from PLA the appellant took suo motu credit of equal amount in the AED (GSI) account. Through the impugned proceedings, the department sought to disallow credit taken by the assessee under AED (GSI) account on the ground that the same was taken against TR.6 Challans and not against valid documents prescribed under the Rules. The proper procedure to take re-credit of Cenvat credit wrongly used was to file refund claim under Section 11B of the Central Excise Act. Vide the impugned order, the Commissioner held that the appellants were entitled to restoration of the AED (GSI) equal to the amount it paid towards BED on tyres, which had been initially discharged using accumulated credit under AED (GSI) available as on 1-3-2003." 9. After ..... X X X X Extracts X X X X X X X X Extracts X X X X
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