9911796707
TMI Blog1994 (12) TMI 202X X X X Extracts X X X X X X X X Extracts X X X X ..... ces of the case, whether the Tribunal is correct in holding that Modvat credit in respect of goods cleared by 100% EOU would be available only to the extent of countervailing duty portion of excise which has actually been paid by the said 100% EOU. 2. Whether in terms of Rule 57A read with Notification No. 177/86-C.E., dated 1-3-1986 modvat credit can be allowed to the extent of countervailing duty leviable on the like goods if imported into India even when 100% EOU has not paid the countervailing duty portion of the excise duty? 3. In the facts and circumstances of the case, just because the 100% EOU is exempted from the payment of the countervailing duty portion of excise, whether entire amount of duty of excise paid by 100% EOU can b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nto India. The additional duty on these picture tubes was exempt by virtue of Notification No. 127/84. Modvat credit taken against inputs supplied by the 100% EOU was sought to be denied on the ground inter alia 100% EOU has not paid the additional duty under Section 3 of the CTA, 1975 on the inputs supplied to the applicants and that the modvat credit of duty paid by the 100% EOU would be restricted only to the extent of duty which is equal to the additional duty leviable on the like goods under Section 3 of the CTA, 1985 and paid on such inputs, by issue of a show cause notice which was replied to. The adjudicating authority confirmed the charges in the show cause notice and disallowed the entire credit of duty paid on the inputs received ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xcise duty, under the various Finance Acts and additional duty under Section 3 of the CTA 75 equivalent to the excise duties specified in the earlier sub-clauses, paid on inputs is to be allowed as credit, when used in or in relation to the manufacture of the said final products and the credit of duty so allowed is to be utilised for payment of duty leviable on the said final products or as the case may be, on such inputs, if such inputs have been permitted to be cleared under Rule 57F. Proviso 1 to the notification reads as under : Provided that: (1) credit of specified duty in respect of any inputs produced or manufactured - (a) in a free trade zone and used in the manufacture of final products in any other place in India; or (b) ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
