2014 (1) TMI 470 - AT - Central Excise

Eligibility for envat credit - Additional customs duty paid by EOU u/s 3(5) of the Customs Act, 1962 or not Waiver of Pre-deposit - Held that - Following SRI VENKATESHWARA PRECISION COMPONENTS Versus CCE., CHENNAI 2010 (8) TMI 243 - CESTAT, CHENNAI - The provisions of Rule 3 (1) of the Cenvat Credit Rules, 2004 specifically notes the eligibility to avail cenvat credit of the customs duty paid under Section 3(5) of the Customs Act, 1962 - the appellant has made out a strong prima facie case in their case Pre-deposits waived till the disposal Stay granted.

Summary

Issues:
1. Eligibility of the appellant to avail cenvat credit of additional customs duty paid by export-oriented unit under Section 3(5) of the Customs Act, 1962.
2. Determination of the amount of credit that can be availed by the appellant as cenvat credit.

Analysis:
The Appellate Tribunal CESTAT Ahmedabad heard a stay petition seeking the waiver of an amount confirmed as duty, interest, and penalty. The primary issue revolved around the appellant's eligibility to avail cenvat credit of additional customs duty paid by an export-oriented unit under Section 3(5) of the Customs Act, 1962, and the determination of the amount of credit allowable. The appellant's counsel relied on precedents, specifically referencing the Tribunal's decisions in similar cases. The Tribunal noted that Rule 3(1) of the Cenvat Credit Rules, 2004 explicitly addresses the eligibility to avail cenvat credit of customs duty paid under Section 3(5) of the Customs Act, which was the case here. The Tribunal found the decisions cited by the appellant's counsel directly applicable to the matter at hand, indicating a strong prima facie case for the waiver of the amounts in question.

The Tribunal considered the submissions from both sides and concluded that the appellant had indeed made a strong case for the waiver of the pre-deposit amounts. It was noted that the appellant had voluntarily reversed the amount of cenvat credit that was not eligible for him to avail. Consequently, the Tribunal allowed the application for the waiver of pre-deposit of the amounts involved and stayed the recovery until the appeal's final disposal. The judgment highlighted the specific provisions of the law, the factual circumstances of the case, and the precedents relied upon to reach a decision in favor of the appellant. The detailed analysis provided a thorough examination of the legal issues raised, ensuring a comprehensive understanding of the Tribunal's decision.