9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2008 (7) TMI 215 - AT - Central ExciseDepartment is challenging the order of the Commissioner (Appeals) who has held that education cess can be paid by utilizing the Cenvat credit of BED. The main ground taken by the department is that education cess is not excise duty and therefore, the BED cannot be used for payment of education cess - held that the credit of Basic Excise duty can be utilized for payment of any duty of excise - therefore, appeals filed by the Revenue are rejected.
Issues:
- Whether education cess can be paid by utilizing the Cenvat credit of Basic Excise Duty (BED). Analysis: The judgment by the Appellate Tribunal CESTAT AHEMDABAD involved the issue of utilizing Cenvat credit of BED for the payment of education cess. The department challenged the order of the Commissioner (Appeals) who allowed such utilization, arguing that education cess is not excise duty and, therefore, BED cannot be used for its payment. The Tribunal, after considering the arguments, upheld the decision of the Commissioner (Appeals). The Tribunal referred to Rule 3(4) of the Cenvat Credit Rules, 2004, which allows Cenvat credit to be used for payment of any excise duty on a final product. It also cited Section 93 of the Finance Act, 2004, which categorizes education cess as a duty of excise. The Tribunal highlighted a previous case decision where education cess was considered a duty of excise. It further explained that while there are restrictions under Rule 3(7) on utilizing credits for specific duties, the credit of BED is not subject to such restrictions. Therefore, the Tribunal concluded that the credit of BED can indeed be utilized for the payment of education cess. In conclusion, the appeals filed by the Revenue challenging the utilization of Cenvat credit of BED for education cess payment were rejected by the Appellate Tribunal CESTAT AHEMDABAD. The judgment clarified the legal basis for allowing such utilization, emphasizing the classification of education cess as a duty of excise and the absence of restrictions on utilizing BED credit for this purpose.
|
