TMI Blog2017 (2) TMI 301X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of the Revenue is absolutely incorrect that the credit only in respect of CVD paid by the EOU is available. The CVD payable in case of import is ₹ 20/-whereas the total duty paid by EOU is ₹ 25.40/-but the Cenvat credit will be admissible to the extent of ₹ 20/-. In view of above, neither the respondent s claim is correct nor is of the department. However, from the above calculation it can be seen that the total duty paid by the EOU is not available as a credit to the respondent, therefore it needs to be re-quantified and credit will be restricted to the CVD payable on the like goods as if imported into India. Appeal allowed by way of remand. - Appeal No. E/3098/06 - - - Dated:- 8-12-2016 - Shri Ramesh Nair, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) GTN Textiles Limited Vs. Commissioner of C. Ex., Hyderabad-III 2006 (205) E.L.T. 1060 (Tri.-Bang.) (iii) SMV Beverages Vs. Commissioner of C. Ex., Nagpur 2011 (263) E.L.T. 467 (Tri.-Mumbai) (iv) Commissioner of Central Excise, Chennai Vs. Orchid Health Care 2009 (248) E.L.T. 765 (Tri.-Chennai) 3. On the other hand, Shri Rajesh Ostwal, Ld. Counsel for the respondent submits that the entire duty paid by the EOU is the excise duty. Therefore it cannot be restricted particular duty of CVD only as the different duty is only for the purpose of calculation whereas the total duty is considered as one excise duty only therefore the credit of entire duty paid by the EOU is admissible to the respondent. He placed reliance on the jud ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s absolutely incorrect that the credit only in respect of CVD paid by the EOU is available e.g. if the value of the goods is ₹ 100/- and Basic Custom Duty is 25% and CVD 16% and Additional Duty 4%. In case of payment made by 100% EOU the total duty payable in terms of Notification No. 2/95-CE read with proviso to Section 3 of Central Excise Act, 1944, the duty payable by EOU will come as under. Value Rs.100/- BED 25% ₹ 25/- CVD @ 16% on ₹ 100 + ₹ 25/- ₹ 125/- ₹ 20/- SAD @ 4% on ₹ 125 +Rs.20/- =Rs.145/- Rs. 5.80 Total ..... X X X X Extracts X X X X X X X X Extracts X X X X
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