2011 (6) TMI 105

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..... to whether CVD referred under Rule 3(7) of Cenvat Credit Rules, 2004 includes only additional duty u/s 3(1) of the Customs Tariff Act, 1975 or the same also include 4% additional duty levied under Section 3(5), is no more res-integra and stands settled by the Tribunal in the case of M/s. Venkateshwara Precision Components vs. CCE, Chennai (2010 -TMI - 201972 - CESTAT, CHENNAI) - As the matter is .....

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..... fit of modvat credit availed in respect of goods procured from 100%EOU and in terms of the formula prescribed in terms of the Notification No. 23/2003. The demand stands issued by way of a show cause notice issued on 17.04.2008. 3. It is seen that the appellants have not contested the demand before Commissioner (Appeal) on merits but have raised the grounds only about limitation, which stands .....

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..... modify the submissions made by the appellant. As such, he submits that the appellants be allowed to raise the above grounds on merits, inasmuch as the issue stands decided by the Tribunal decision in their favour. He also assails the impugned order on the question of limitation by submitting that the entire records were meticulously maintained by the appellants and there was no suppression or mis- .....

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