TMI Blog2017 (2) TMI 191X X X X Extracts X X X X X X X X Extracts X X X X ..... ies Pvt. Ltd. [2005 (12) TMI 136 - CESTAT, MUMBAI] wherein it was held that Firstly, PTY cannot be considered as exempted goods as other duties are imposable on the same. Secondly, if PTY is exported, the appellants would be entitled to use NCCD credit or get a refund of the same. NCCD credit can and has also been utilized on clearance of POY itself - Appeal dismissed - decided in favor of the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ugned order. 4. I have considered the rival submissions. I find that show-cause notice has been issued for wrong availment and utilization of the credit taken of NCCD. So far as the availment of credit is concerned, the issue is covered by the decision of the Tribunal in the case of Silvassa Industries Pvt. Ltd. (supra) relied in the impugned order, the same decision is also affirmed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se leviable thereon which is specified in the Schedule to the said Special Importance Act. This notification does not grant exemption from payment of NCCD, which is specified in the Seventh Schedule to the Finance Act 2001. Hence, POY which cleared for captive consumption in the manufacture of Polyester Filament Yarn (Drawn) is also not entitled for exemption for payment of NCCD under Notification ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mand for the same has been raised. If that be so, the utilization of credit of NCCD for the purpose of payment of NCCD on POY cannot be challenged. The ground of appeal do not clearly specified as to which Rule has been violated while utilizing the credit of NCCD, thus, it is vague. 7. In view of the above, the appeal is dismissed. (Pronounced in Court on 06/01/2017) - - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
