2013 (1) TMI 411 - AT - 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 in Madura Industrial Textiles case 2013 (1) TMI 352 - GUJARAT HIGH COURT the benefit of utilization of credit of basic excise duty for payment of education cess is allowed relying on CCE Vapi Vs. M/s Balaji Industries 2008 (7) TMI 215 - CESTAT AHEMDABAD - in favour of assessee.

Summary

Issues:
Utilization of cenvat credit in basic excise duty for Education Cess and Senior and Higher Education Cess liability.

Analysis:
The judgment delivered by Mr. M.V. Ravindaran at the Appellate Tribunal CESTAT Ahmedabad pertained to a stay petition where the issue involved was the utilization of cenvat credit in the basic excise duty for the discharge of liability of Education Cess and Senior and Higher Education Cess. The learned counsel pointed out that this issue had been previously decided by the Bench in the case of Balaji Industries and had been followed in subsequent decisions, including the case of Madura Industrial Textile. The judgment of the Tribunal in the Madura Industrial Textiles case was appealed by the Revenue, and the Hon'ble High Court of Gujarat upheld the Tribunal's decision. The High Court dismissed the appeal by the Revenue, confirming the benefit of utilizing credit of basic excise duty for payment of Education Cess.

In the detailed analysis of the judgment, it was noted that the Commissioner (Appeals) had allowed the appeal, leading the department to file a second appeal before the Tribunal. The Tribunal, in line with previous decisions, including the Balaji Industries case, upheld the benefit of utilizing credit of basic excise duty for payment of Education Cess. The Tribunal's order was further supported by the High Court of Gujarat, emphasizing the consistency of decisions in this regard. The Tribunal dismissed the appeal, stating that the substantial questions raised did not involve any substantial question of law, thereby affirming the benefit of utilizing cenvat credit for Education Cess liability.

Conclusively, the judgment allowed the appeal, setting aside the impugned order and highlighting the established principle of utilizing cenvat credit in basic excise duty for the payment of Education Cess and similar liabilities. The decision reinforced the precedents set by previous cases like Balaji Industries and reiterated the legal validity of such credit utilization, as upheld by the Hon'ble High Court of Gujarat.