2013 (1) TMI 352 - HC - Central Excise

Utilization of Cenvat credit in basic excise duty for discharge of liability of Education Cess and Senior and Higher Education Cess - Held that - As decided CCE Vapi Vs. M/s Balaji Industries 2008 (7) TMI 215 - CESTAT AHEMDABAD the benefit of utilization of credit of basic excise duty for payment of education cess is to be allowed - there are several other decisions of the Tribunal rendered subsequent to the decision of M/s Sun Pharmaceutical 2006 (7) TMI 454 - CESTAT, NEW DELHI where similar view has been taken - in favour of assessee.

Summary

Issues:
- Interpretation of rule 3(7)(b) of the Cenvat Credit Rules regarding deduction for education cess
- Reliance on judgments from other cases without discussing the merits of the present case

Interpretation of rule 3(7)(b) of the Cenvat Credit Rules regarding deduction for education cess:
The case involved a dispute where the respondent paid the Education Cess by utilizing the Cenvat Credit of basic excise duty available in the Cenvat credit account. The department demanded duty and imposed a penalty. The Commissioner (Appeals) allowed the appeal, leading the department to file a second appeal before the Customs, Excise and Service Tax Appellate Tribunal ('the Tribunal'). The Tribunal dismissed the appeal, stating that the benefit of utilizing credit of basic excise duty for payment of Education Cess could be allowed. The Tribunal cited a previous case, CCE Vapi Vs. M/s Balaji Industries, where a similar decision was made, along with other decisions supporting the same view. The Tribunal's order highlighted the consistency in allowing such benefits. The High Court agreed with the Tribunal's view, finding the appeal devoid of any merits. The Court held that the substantial questions raised by the appellant did not involve any substantial question of law, leading to the dismissal of the appeal.

Reliance on judgments from other cases without discussing the merits of the present case:
One of the substantial questions raised in the appeal was whether the Tribunal could rely on a judgment from another case without discussing the merits of the present case. The High Court, after considering the arguments presented, upheld the Tribunal's decision to rely on the previous judgment. The Court found that the Tribunal's reliance on the earlier case was justified, especially considering the consistency in decisions across various cases supporting the same view. The High Court concluded that the appeal lacked merit, and both substantial questions raised by the appellant did not present any substantial question of law, leading to the dismissal of the appeal.

This detailed analysis of the judgment from the Gujarat High Court highlights the interpretation of rule 3(7)(b) of the Cenvat Credit Rules regarding the deduction for education cess and the reliance on judgments from other cases without discussing the merits of the present case. The Court's decision affirmed the Tribunal's ruling, emphasizing the consistency in decisions across cases and dismissing the appeal for lacking merit in presenting substantial questions of law.