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2017 (8) TMI 900 - AT - Central ExciseUtilisation of CENVAT credit - credit availed on Basic Excise Duty utilised towards Education Cess and Secondary & Higher Education Cess - Held that - the issue is no more res integra being settled by the judgment of Hon ble Gujarat High Court in the case of Madura Industries Textiles 2013 (1) TMI 352 - GUJARAT HIGH COURT wherein it is observed that CENVAT credit availed on basic excise duty can be utilized towards discharging liability of Education Cess and Secondary & Higher Education Cess - appeal allowed - decided in favor of appellant.
Issues:
1. Utilization of CENVAT credit on Basic Excise Duty towards Education Cess and Secondary & Higher Education Cess. 2. Applicability of Rule 3 of the Cenvat Credit Rules, 2004. 3. Imposition of penalty under Rule 15(1) of the Cenvat Credit Rules, 2004. 4. Interpretation of area-based exemption on CENVAT credit utilization. 5. Relevance of previous judgments in similar cases. Analysis: Issue 1: Utilization of CENVAT credit on Basic Excise Duty towards Education Cess and Secondary & Higher Education Cess. The appellant utilized CENVAT credit of ?17,46,775 availed on Basic Excise Duty towards Education Cess and Secondary & Higher Education Cess during the relevant period. A show cause notice was issued alleging irregular utilization contrary to Rule 3 of the Cenvat Credit Rules, 2004. The demand was confirmed with interest and penalty imposed under Rule 15(1) of the same rules. The appellant contended that the issue was settled by judgments of the Hon’ble Gujarat High Court and Gauhati High Court, allowing such utilization. Issue 2: Applicability of Rule 3 of the Cenvat Credit Rules, 2004. The dispute centered around the interpretation of Rule 3 of the Cenvat Credit Rules, 2004, concerning the utilization of CENVAT credit on Basic Excise Duty towards Education Cess and Secondary & Higher Education Cess. The appellant argued that previous judgments supported their position, while the Revenue contended that area-based exemption precluded such utilization. Issue 3: Imposition of penalty under Rule 15(1) of the Cenvat Credit Rules, 2004. The penalty under Rule 15(1) of the Cenvat Credit Rules, 2004, was imposed on the appellant for irregular utilization of CENVAT credit. The appellant challenged this penalty, citing precedents and legal interpretations supporting their claim for the legitimate use of the credit. Issue 4: Interpretation of area-based exemption on CENVAT credit utilization. The Revenue argued that the appellant’s availing of area-based exemption restricted the utilization of CENVAT credit on Basic Excise Duty towards Education Cess and Secondary & Higher Education Cess. This argument was based on the premise that specific exemptions limited the scope of credit utilization. Issue 5: Relevance of previous judgments in similar cases. The appellant relied on judgments from the Hon’ble Gujarat High Court and Gauhati High Court, along with decisions of the Tribunal in analogous cases, to support their contention regarding the permissible utilization of CENVAT credit on Basic Excise Duty. These precedents formed a crucial part of the appellant’s argument in challenging the order under appeal. In conclusion, the Tribunal, after considering the arguments and precedents cited by both parties, held that the issue was settled by previous judgments allowing the utilization of CENVAT credit on Basic Excise Duty towards Education Cess and Secondary & Higher Education Cess. The impugned order was set aside, and the appeal was allowed, granting consequential relief as per law.
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