TMI Blog2019 (10) TMI 687X X X X Extracts X X X X X X X X Extracts X X X X ..... f output service shall be allowed to take credit, which is called CENVAT Credit, in respect of the items indicated therein. Rule 3(4) provides that CENVAT credit may be utilised for payment in connection with the items indicated therein from (a) to (e). Rule 3(4) does not appear to be exhaustive and it does not impose any prohibition prohibiting an assessee from availing such credit for the purpos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No.ST/77031/2017, whereby, while interfering with the order-in-appeal dated 07.09.2017 passed by the First Appellate Authority, rejecting the appeal filed by the respondent on the ground of non-deposit of mandatory pre-deposit as envisaged under Section 35F of the 1944 Act as the same was paid from CENVAT credit account maintained by the appellant, it was also held that it is permissible to utilis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on or after 06.08.2014 may be registered if mandatory deposit of duty confirmed is made from CENVAT account and evidence thereof is produced. He has submitted that the aforesaid Circular came to be issued in view of confusion of adjustment of CENVAT credit against mandatory penalty. It is further submitted that a Division Bench of the High Court of Jharkhand in Akshay Steel Works Private Limite ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d Supreme Court in Legacy Central Excise and Service Tax. It is contended by him that monetary limit has been enhanced to ₹ 1 Crore so far as High Court is concerned and the dispute in the instant case revolves around ₹ 26,61,621/-. On a query of the Court, Mr. Sarmah submits that according to his information, no appeals had been preferred against the judgment of the Hig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ibition prohibiting an assessee from availing such credit for the purpose of pre-deposit. We are in agreement with the observation of the High Court of Gujarat that credit in an assessee s CENVAT account is a duty he has already suffered. As the aforesaid judgements in Akshay Steel Works Private Limited (supra) and Cadila Health Care Private Limited (supra) ha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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