2015 (6) TMI 702 - AT - Central Excise

Waiver of pre-deposit - utilization of credit of Basic Excise Duty - discharge of Education Cess - Held that - High Court of Gujarat in the case of Madura Industries Textiles in 2013 (1) TMI 352 - GUJARAT HIGH COURT , has upheld the order of the Tribunal, wherein this view was taken. Since the issue has attained some kind of finality by the judgment of Hon ble High Court of Gujarat, we find that the impugned order which holds against the appellant is unsustainable and is liable to be set aside. - Decided in favour of assessee.

Summary

The Appellate Tribunal Cestat- Ahmedabad allowed the appeal after finding that the issue regarding utilization of credit of Basic Excise Duty for discharge of Education Cess had attained finality with a judgment of the Hon'ble High Court of Gujarat. The impugned order was set aside.