9911796707
TMI Blog2025 (4) TMI 758X X X X Extracts X X X X X X X X Extracts X X X X ..... R : D. M. MISRA These two appeals are filed, one by the Revenue and another by the assessee, against the same impugned order passed by the Commissioner of Central Excise, Bangalore. 2. Briefly stated the facts of the case are that the assessee are engaged in the manufacture of automobile parts and medical equipment parts falling under Chapter 84 of the Central Excise Tariff Act, 1985. The assessee, during the relevant period 2010-11 to 2011-12, availed cenvat credit of duty paid on additional duty customs (CVD) debiting in their advance licence under DEPB Scheme. Alleging that the duty paid by debiting the DEPB scrip cannot be considered as payment of duty under Rule 3 of the Cenvat Credit Rules, 2004, show-cause notice was issued to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t specifically allows cenvat credit of additional duty of customs duty paid by debiting the DEPB scrips. Also, Circular No.18/2006-Customs dated 05.06.2006 clarifies that cenvat credit of additional duty of customs paid by debiting the DEPB scrips is admissible. Further, he has submitted that para 4.3.5 of the Export Import Policy - 2002-2007 did not permit for availment of cenvat credit of customs paid by debiting the DEPB; however, the said para 4.3.5 of the subsequent Foreign Trade Policies 2004-09 and 2009-14 was amended which clearly provides for availment of cenvat credit of additional duty of customs paid by debiting the DEPB scrip. Therefore, the appellant is eligible for availment of cenvat credit of duty paid by debiting DEPB scri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n its Circular No.18/2006-Cus dated 05.06.2006 clarified that 4% special CVD paid by debiting DEPB scrips is allowed to be taken as cenvat credit. Also, the Notification No.97/2009-Cus dated 11.09.2009 specifically mentions that the importers are entitled to avail the drawback or cenvat credit of additional duty leviable under Section 3 of the Customs Tariff Act against the amount debited in the DEPB scrips. The relevant para is extracted below:- "(vi) that the importer shall be entitled to avail the drawback or CENVAT credit of additional duty leviable under section 3 of the said Customs Tariff Act against the amount debited in the said Duty Entitlement Pass Book Scrip;" 8. The Tribunal in the case of Styrenix Performance Materials Lim ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
