2004 (12) TMI 529

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..... ri V. Valte, ld. SDR appearing for the Revenue stated that the respondents took Cenvat credit of Customs duty as well as CVD of Rs. 5,25,703/- on the strength of the Bill of Entry No. 11625, dated 24-9-1998 in respect of fibre imported under DEPB Scheme and cleared the same on payment of applicable Customs duty as well as CVD through a debit entry in the DEPB. The original authority denied them th .....

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..... Larger Bench decision of the Tribunal in case of Essar Steel Ltd. v. CCE, Vishakhapatnam - 2004 (173) E.L.T. 239 (T-LB) = 2004 (116) ECR 829 (Tribunal-Larger Bench)] wherein it was held that Modvat credit is not to be allowed of the CVD debited to pass book while clearing the imported goods. This decision of the Larger Bench was also followed by the Tribunal in case of Bloom Dekor Limited v. CCE, .....

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