2023 (7) TMI 1119 - SCH - Central Excise

CENVAT credit of additional excise duty in lieu of Sales tax AED(GSI) (Additional Excise Duty (Goods of Special Importance) paid on Nylon Tyre Chord Fabric used in the manufacture of tyres - HELD THAT - The High Court has placed reliance on a judgment of the Bombay High Court in the case of THE COMMISSIONER OF CENTRAL EXCISE, MUMBAI-III VERSUS M/S CEAT LTD. 2013 (7) TMI 568 - BOMBAY HIGH COURT where it was held that In the instant case, the debits were held to be of no consequence when the assessee was required to pay duty initially discharged using AED (GSI) credit. It is also noted that the said judgment has not been assailed before this Court by the Revenue - there are no infirmity in the impugned order of the High Court which has followed the aforesaid judgment of the Bombay High Court. SLP dismissed.

Summary

The Supreme Court dismissed the special leave petition as the High Court's decision was based on a judgment of the Bombay High Court that was not challenged by the Revenue. The delay was condoned. The pending applications were disposed of.