2014 (6) TMI 160 - AT - Central Excise

Stay application filed by the revenue to stay the operation of order allowing cenvat credit - Held that - Cenvat credit of Special Additional Duty (SAD-Section 3(5) of the Customs Tariff Act 1975) paid by the importer by making use of TPS (Target Plus Scheme) scrips has been allowed by the lower appellate authority. The impugned order shows that the appellate authority relied on the Board s Circular No. 18/2006-Cus. dated 15-6-2006 wherein it was clarified that an importer paying SAD by making use of DEPB/TPS scrips was entitled to claim Cenvat credit thereof or alternatively drawback - no stay - decided against the revenue.

Summary

The appellate tribunal rejected the Department's stay application regarding Cenvat credit of Special Additional Duty paid by importer using Target Plus Scheme scrips, based on Board's Circular No. 18/2006-Cus.