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2013 (6) TMI 529 - AT - Central ExciseUtilization of Cenvat Credit of AED(GSI) - Additional Duty of Excise (Goods of Special Importance) Act, 1957 - Held that - The impugned credit had been legitimately earned by the assessee on procurement of inputs on payment of duty and used for payment of duty following the amendment of Cenvat Credit Rules under Budget 2003. Vide Circular No. 71/16/2003-CX dated 6/3/03, the CBEC had also clarified that it was considered appropriate not to put any cap on the use of the AED (GSI) credit accruing prior to 1/3/2003. - Decision in the case of CEAT Ltd. 2010 (254) ELT 349 followed - the appellant could able to make out a prima facie case in their favour for total waiver of dues adjudged. - stay grated.
Issues:
1. Interpretation of Cenvat Credit Rules regarding utilization of Additional Duty of Excise (AED) on specific goods. 2. Impact of legislative amendments on utilization of AED credit for payment of excise duty. 3. Validity of utilizing accumulated AED credit for payment of Basic Excise Duty (BED). 4. Application of judicial precedents in similar cases. 5. Compliance with circulars and notifications issued by the Central Board of Excise and Customs (CBEC). Issue 1: Interpretation of Cenvat Credit Rules regarding utilization of Additional Duty of Excise (AED) on specific goods The appellant argued that AED was payable on specific inputs under the Additional Duty of Excise (Goods of Special Importance) Act, 1957, and the Cenvat Credit availed until April 1, 2000, was restricted for use only towards AED payment. However, legislative amendments allowed for broader utilization of AED credit, enabling payment of Basic Excise Duty (BED) as well. The appellant utilized the accumulated AED credit for discharging their BED liability, citing the relaxation provided under Notification No. 13/2003-CE (NT) dated 1/3/2003. Issue 2: Impact of legislative amendments on utilization of AED credit for payment of excise duty The Finance Acts of 2004 and 2005 introduced amendments retrospectively affecting the utilization of AED credit. The amendments restricted the use of AED credit for payment of Cenvat and special excise duty on final products only when AED was paid on or after April 1, 2000. Subsequent amendments mandated the repayment of AED credit earned prior to April 1, 2000, which was utilized for BED payment, in installments with interest. The appellant complied with these amendments by paying back the sum and subsequently taking credit for duty payment. Issue 3: Validity of utilizing accumulated AED credit for payment of Basic Excise Duty (BED) The appellant contended that the utilization of Cenvat Credit on accumulated AED credit for BED payment was lawful, referencing a judgment by the Tribunal in a similar case involving CEAT Ltd. The Tribunal's observation highlighted the historical accumulation of AED credit due to restrictions on its utilization for specific goods not attracting AED. The subsequent relaxation in rules allowed for the utilization of AED credit for BED payment, which the appellant availed in compliance with the law. Issue 4: Application of judicial precedents in similar cases The Tribunal referred to the CEAT Ltd. case to draw parallels with the present case, emphasizing the relaxation provided under Notification No. 13/2003-CE (NT) and subsequent statutory amendments impacting the utilization of AED credit. The Tribunal upheld the Commissioner's decision in the CEAT Ltd. case, emphasizing the legitimate earning and utilization of AED credit for duty payment, as clarified by circulars issued by CBEC. Issue 5: Compliance with circulars and notifications issued by CBEC The Tribunal acknowledged the impact of circulars and notifications issued by CBEC, particularly Circular No. 71/16/2003-CX, which clarified the utilization of AED credit accruing prior to 1/3/2003 without any restrictions. The Tribunal upheld the Commissioner's decision to restore the AED credit utilized for BED payment, emphasizing the validity of the credit taken under proper duty paying documents. In conclusion, the Tribunal found merit in the appellant's case, considering the legislative amendments, judicial precedents, and compliance with circulars, leading to the waiver of dues adjudged and a stay on recovery during the appeal's pendency.
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