Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Articles Highlights TMI Notes SMS News Newsletters Calendar Imp. Links Database Experts Contact us More....
Extracts
Home List
← Previous Next →

M/s. Mayur International Versus CCE, Jaipur

2016 (8) TMI 977 - CESTAT NEW DELHI

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 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ant - Appeal No. E/435/2008-EX[DB] - Final Order No. 52047/2016 - Dated:- 30-5-2016 - Ms. Archana Wadhwa, Member (Judicial) And Shri V. Padmanabhan, Member (Technical) Ms. Rinki Arora, Advocate for the appellant Shri Govind Dixit, DR for the responde .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ngth 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 disall .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

redit/ Duty draw back would be available only in respect of DEPB scrips issued under new Foreign Trade Policy (EXIM Policy 2004-2009). The appellant did not get any relief at the stage of Commissioner (Appeals) and hence are before us in appeal. 2. L .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

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 appro .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

an identical issue has been considered by the Tribunal in the decision cited by the Ld. Advocate, in which Tribunal held as follows:- I. Notification No. 96/2004-Cus. provided that the importer using the DEPB would be entitled to drawback or CENVAT C .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the DEPB issued under the FTP of 2002-2007 while the benefit of CENVAT Credit could be availed in terms of the Notification No. 96/2004-Cus. only when the payment of import duty or additional customs duty had been made using the DEPB issued under the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

IM Policy which was amended by the Notifications dated 28th January, 2004 and 17th September, 2004 which entitled an importer to avail Cenvat Credit of additional customs duty against the amount debited in the DEPB scrips. It was noted by the High Co .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

what is new what is new
  ↓     bird's eye view     ↓  


|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version