2009 (9) TMI 839

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..... s is an appeal filed by the Revenue. Vide the impugned order, the Commissioner (Appeals) vacated the order of the original authority demanding Rs. 47,60,055/-(Rupees Forty seven lakhs sixty thousand and fifty five only) from the respondents as irregularly availed Cenvat credit during the period April, 2006 to May, 2007 along with applicable interest under Rule 14 of Cenvat Credit Rules, 2004 (CCR) .....

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..... EPB Licence. He relied on the Board's Circular No. 18/2006-Cus., dated 5-6-2006 in F. No. 605/44/2006-DBK in holding so. 2. The appeal filed by the Revenue has taken the ground that Notification No. 96/2004-Cus., dated 17-9-2004 and the successor Notification No. 89/2005-Cus., dated 14-10-2005 current during the material period, allowed an importer/manufacturer to take credit of Basic Custom .....

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..... er DEPB may also be adjusted as Cenvat Credit or Duty Drawback as per DOR Rules" was incorrect as Circular No. 18/2006-Cus., dated 5-6-2006 had clarified that the DEPB credit used could be taken as draw back. There were no corresponding provisions in Cenvat Credit Rules to enable assessee avail credit. The Commissioner (Appeals) had wrongly held that the respondents had not suppressed the wrong av .....

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..... nt Pass Book;" 4. The credit availed pertains to SAD levied in terms of sub-section (5) of Section 3 of the Customs Tariff Act. Therefore, as per the above provision in the Notification, the respondents cannot be denied the Cenvat credit equivalent to the DEPB credit debited towards SAD levied under sub-section (5) of Section 3 of the Customs Tariff Act. We also find that the Commissioner (A .....

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..... taken as cenvat/draw back". 5. We find that the impugned order is consistent with the provisions of the Notification and the clarification issued by the CBEC. In the circumstances, we sustain the impugned order and dismiss the appeal filed by the Revenue as devoid of merit. (Operative portion of this order pronounced on conclusion of the hearing)
Case laws, Decisions, Judgements, Order .....

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