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2016 (10) TMI 338 - CESTAT HYDERABAD

2016 (10) TMI 338 - CESTAT HYDERABAD - TMI - CENVAT credit - inputs received from 100% EOU - Special Additional Duty - Notification No.23/2003-CE dt. 31/03/2003 states that a formula was fixed for taking the CENVAT credit on the goods received from the 100% EOU and it is restricted to 50% of the actual amount of duty paid on the inputs - for Special Additional Duty of Customs, the CENVAT credit on the goods cannot be allowed - whether the demand raised on the appellant for availing excess 50% of .....

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taking credit of the entire amount of duty equivalent to the excise duty and cess. - Demand unsustainable - appeal allowed - decided in favor of appellant. - E/25672/2013 - Final Order No. A/30711/2016 - Dated:- 8-8-2016 - Shri Madhu Mohan Damodhar, Member(Technical) Shri Asmita A. Nayak, Advocate for the appellant Shri P.S. Reddy, Authorised representative for the respondents ORDER Brief facts of the case are that the appellants are manufacturers of Aluminium Ingots and Hollow Profiles fall .....

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of the ERI returns of the appellant firm for the period from 2007-08 and 2008-09, it has come to the notice that the assesses have utilized CENVAT credit on 100% instead of 50%. They availed CENVAT credit to the tune of ₹ 34,63,980/- and also availed the Special Additional Duty of Customs as CENVAT credit to the tune of ₹ 16,87,150/- on the inputs received from 100% EOU. Rule of CENVAT Credit Rules, 2004 read with Notification No.23/2003-CE dt. 31/03/2003 envisages that a formula was .....

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