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2016 (8) TMI 977 - CESTAT NEW DELHI

2016 (8) TMI 977 - CESTAT NEW DELHI - TMI - Cenvat credit - CVD on strength of CVD foregone by debit in DEPB scrips - allowed only with issue of Notification No. 96/2004-CUS dated 17/09/2004 - Held that:- the issue is no more res-integra and has been decided by Tribunal that the Appellant has not been to show any notification by which the benefit of CENVAT credit has been expressly denied where the payment of customs duty or additional customs duty is made using DEPB scrips issued in terms of th .....

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availed the CENVAT Credit of CVD on the strength of CVD foregone by debit in DEPB scrips which were issued as per para 4.43 of the handbook of procedures under the EXIM Policy, 2002-2007. In the proceedings before the Original Authority, the CENVAT Credit taken as above was sought to be disallowed for the reason that CENVAT Credit on such debits in DEPB has been allowed only with issue of notification no. 96/2004-CUS dated 17/09/2004. CBEC has also issued a Circular No. 59/2004 CUS dated 21/10/2 .....

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amp; S.T., LTU, New Delhi Vs. Havells India Ltd. reported in 2015 (325) E.LT. 840 (Del) in which the Hon ble High Court allowed the CENVAT Credit of CVD paid from the DEPB scrips issued under the earlier policy (FTP 2002-07). In this decision, the Hon ble High Court of Delhi quoted, with approval, another decision of the Punjab & Haryana High Court on identical facts reported in 2010 (254) E.L.T. 203 (P&H). 3. Ld. DR reiterated the findings of the authorities below. 4. Heard both the sid .....

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