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2015 (10) TMI 1919 - CESTAT MUMBAI

2015 (10) TMI 1919 - CESTAT MUMBAI - 2016 (331) E.L.T. 148 (Tri. - Mumbai) - CENVAT Credit - Credit on CVD - 100% EOU - whether the BCD should be the rate as specified in tariff or the basic custom duty which was payable by the 100% EOU - Held that:- A combined reading of the Notification as also the proviso, it will be seen that there is no intention to restrict the CENVAT credit under the CENVAT Credit Rules but the intention is to permit the CENVAT only on the countervailing duty portion. Not .....

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Appeal No. E/1012/2010 - Final Order No. A/3356/2015-WZB/SMB - Dated:- 7-10-2015 - Hon ble Shri P.K. Jain, Member (Technical) For the Appellant : None For the Respondent : Shri N.N. Prabhudesai, Superintendent (AR) ORDER Brief facts of the case are that the appellant purchased certain inputs from 100% EOU. After receiving the goods they have availed credit of CV duty paid by the 100% EOU. The issue is relating to the method of quantification/computation of the credit so availed. 2. None has appe .....

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uestion is what should be the BCD, whether the BCD should be the rate as specified in tariff or the basic custom duty which was payable by the 100% EOU. He submitted that the normal meaning of the word BCD would be the rate at which customs duty was payable by the 100% EOU and the idea of the said proviso is to restrict the credit availed by a unit. Learned AR took me through order of the Commissioner (Appeals) to bring forth the point. 5. I have gone through the appeal memorandum as also the or .....

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chedule to the Customs Tariff Act, 1975 (51 of 1975), read with any other notification in force was reduced by 75%, and (b) no additional duty of customs was leviable under sub-section (5) of the section 3 of the said Customs Tariff Act: Provided that while calculating the aggregate of customs duties, additional duty of customs leviable under sub-section (5) of the section 3 of the Customs Tariff Act shall be included if the goods cleared into Domestic Tariff Area are exempt from payment of sale .....

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