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2015 (11) TMI 898 - CESTAT CHENNAI

2015 (11) TMI 898 - CESTAT CHENNAI - TMI - 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 during the relevant period of EXIM Policy 2002-2007 relevant para 4.35 of the policy was amended vide Notification No.28[RE-2004)/2002-2007 dt. 28.1.2004 where the restriction of DEPB as mentioned in last sen .....

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1.2004 and there was no restriction in availing 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) For the Appellant : Ms D Naveena, Adv For the Respondent : Mr M Rammohan Rao, DC (AR) ORDER Per R Periasami The short issue in the present appeal relates to reversal of cenvat credit of ₹ 18,88,501/- ava .....

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002-2007 relevant para 4.35 of the policy was 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 & Haryana in the case of CCE Ludhiana Vs Neel Kanth Rubber Mills - 2004 (254) ELT 203 (P&H) and the Hon'ble High Court of Madras in the case of CCE Vs SPIC Ltd. - 2014 (305) ELT 484 (Mad). wherein the Hon& .....

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