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Vignesh Alloys Pvt. Ltd. Versus Commissioner of Central Excise, Coimbatore

2015 (11) TMI 898 - CESTAT CHENNAI

Reversal of cenvat credit - duty debit was made in DEPB in respect of CVD paid by the appellant - adjustment of CVD paid in DEPB scrips under EXIM Policy 2002-07 - held that:- period involved in the present appeal is July 2004 to September 2004 and d .....

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entical issue has already been settled by Hon'ble High Court of Punjab & Haryana in the case of CCE Ludhiana Vs Neel Kanth Rubber Mills - [2010 (4) TMI 281 - PUNJAB & HARYANA HIGH COURT] and the Hon'ble High Court of Madras in the case of CCE Vs SPIC .....

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ling cenvat credit on CVD paid by debit of DEPB. - appellants are eligible to avail credit on the CVD made in DEPB. Impugned order is set aside. - Decided in favour of assessee. - Appeal No. E/726/2009 - Dated:- 18-3-2015 - R Periasami, Member (T) Fo .....

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was made in DEPB in respect of CVD paid by the appellant and availed credit. The lower authorities disallowed the credit on the ground that adjustment of CVD paid in DEPB scrips under EXIM Policy 2002-07 was not eligible to avail credit as per the re .....

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as amended vide Notification No.28[RE-2004)/2002-2007 dt. 28.1.2004 where the restriction of DEPB as mentioned in last sentence of the paragraph has been deleted. Identical issue has already been settled by Hon'ble High Court of Punjab & Hary .....

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39;s appeals. The relevant paragraphs 10 & 11 in the case of Punjab & Haryana High Court's order are reproduced as under :- "10. The main argument of the learned counsel for the revenue that since the licence in the present case was .....

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the EXIM Policy amended, vide Notification dated 28-1-2004 and Notification No. 96 dated 17-9-2004, postulate that "an importer shall be entitled to avail the Cenvat credit of additional duty leviable under Section 3 of the Act against the amou .....

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icy will not be eligible for credit. It means, the assessee was entitled to claim the benefit in this relevant connection. 11. It is not a matter of dispute that the assessee fulfills all other conditions to avail the Cenvat credit. Once the Notifica .....

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