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2014 (11) TMI 154 - AT - Central ExciseGoods cleared by EOU to their own units in DTA - appellants did not pay Special Additional Duty under Section 3(5) of the CTA claiming exemption - Whether the benefit of Notification 23/2003 is allowable or not - Held that - Goods when sold in DTA had not been exempted by the State Govt. by any Notification. We are not required to go into the analysis as to whether the goods are leviable to sale tax as contended by the department that there is no sales tax on stock transfer. The fact remains that the goods sold in DTA are not exempted from sales tax. Therefore, the benefit of Notification is clearly available to the appellants - law has not been read correctly by the adjudicating authority. - Decided in favour of assessee. Cenvat Credit - The duty paid by the appellant is Central Excise duty under Section 3 of the Central Excise Act and not the Customs duties. Section 3 merely provides that the Central Excise duty payable would be aggregate of Customs duty. Therefore, the appellants have correctly utilized the CENVAT Credit in respect of cess of excisable goods towards payment of duty/cess leviable under Section 3 - Following decision of assessee s own previous case 2014 (2) TMI 922 - CESTAT MUMBAI - Decided in favour of assessee.
Issues:
- Confirmation of demand with interest and penalty - Recovery of CENVAT Credit with penalties - Eligibility for exemption under Notification 23/2003 - Correct utilization of CENVAT Credit Confirmation of demand with interest and penalty: The appellant appealed against the order confirming a demand of Rs. 17,84,45,537/- with interest and equivalent penalty, along with a demand for recovery of CENVAT Credit of Rs. 4,29,58,148/- with interest and penalties under Rule 25/26(2)(ii) of the Central Excise Rules, 2002. The demands were issued for both extended and normal periods of limitation. Eligibility for exemption under Notification 23/2003: The core issue revolved around whether the appellant was eligible for exemption under Notification 23/2003. The appellant, a 100% EOU, manufactured goods cleared into DTA under concessional rates of duties. The dispute arose regarding the payment of Special Additional Duty under Section 3(5) of the CTA for clearances of finished goods to their own units in DTA on stock transfer. The Revenue contended that the appellant was not eligible for exemption as no sales tax was paid, a condition as per the Notification. The appellant argued that they fulfilled the conditions of the Notification as goods were not exempt from sales tax by the State Government. The Tribunal ruled in favor of the appellant, stating that the benefit of the Notification was available as the goods sold in DTA were not exempted from sales tax. Correct utilization of CENVAT Credit: Another issue raised was the utilization of CENVAT Credit towards payment of duty leviable on the aggregate of Customs duties under proviso to Section 3 of the Central Excise Act, 1944. The Revenue contended that the CENVAT Credit could only be used towards payment of education cess on excisable goods, not for Customs duties. The Tribunal held that the duty paid by the appellant was Central Excise duty under Section 3 of the Central Excise Act, not Customs duties. Therefore, the appellants correctly utilized the CENVAT Credit in respect of cess of excisable goods towards payment of duty/cess leviable under Section 3. Conclusion: The Tribunal set aside the order-in-original, allowing the appeal with consequential relief, based on the correct interpretation of the law and the eligibility of the appellant for the exemption under Notification 23/2003. The judgment highlighted the importance of fulfilling the conditions of notifications and correctly applying CENVAT Credit in accordance with the law.
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