9911796707
TMI Blog2015 (7) TMI 380X X X X Extracts X X X X X X X X Extracts X X X X ..... other cases, the appellant imported raw materials by availing exemption under notification no.96/2004-Cus dated 17.09.2004 under which they paid the customs duty including Additional Customs Duty through DEPB scrips issued in terms of 2002-2007 Foreign Trade Policy. They took cenvat credit of the Additional Customs Duty paid through DEPB Scrips. Notification No.96/2004-Cus provided that an importer importing the goods against the DEPB Scrips issued in terms of 2004-2009 Foreign Trade Policy would be entitled to avail draw back or cenvat credit of the additional custom duty leviable under Section 3 of the Customs Tariff Act against the amount debited in the said DEPB scrip. The Department being of the view that since the Additional Customs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 's Final Order No.50852/2014 dated 27.2.2014 in the Appellant's own case, that as regards the imports made by availing exemption notification no.96/2004-Cus dated 17.09.2004 where the customs duty including the additional customs duty had been paid through DEPB scrips issued under 2002-2007 Foreign Trade Policy, the question of admissibility of cenvat credit stands decided in the appellant's favour by the judgement of the Hon'ble Punjab & Haryana High Court in the case of CCE, Ludhiana Vs. M/s. Neel Kanth Rubber Mills Village - CEA No.37 of 2010 and in this regard, he pointed out to para-10 of the judgement, which specifically deals with this issue. He accordingly pleaded that in view of the judgement of the Hon'ble Punj ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n in cash, so, the assessee is not entitled to avail the cenvat credit, is not only devoid of merit but misplaced as well, because the EXIM Policy amended, vide notification dated 28.1.2004 and notification no.96 dated 17.09.2004, postulate that "an importer shall be entitled to avail the cenvat credit of additional duty leviable under Section 3 of the Act against the amount debited in DEPB. There is no such condition in the indicated notifications that the debits made, in DEPB, the licenses issued under the Foreign Trade Policy only would be eligible for credit and the debits made in DEPB issued under the previous policy will not be eligible for credit. It means the assessee was entitled to claim the benefit in this relevant connection." ..... X X X X Extracts X X X X X X X X Extracts X X X X
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