9911796707
TMI Blog2011 (4) TMI 1089X X X X Extracts X X X X X X X X Extracts X X X X ..... insertion of the proviso, It is no more the requirement of law that credit taken for additional duty paid should be utilized only for clearing the goods if additional duty is to be paid in respect of the said goods also. As is clear from the proviso not only such a duty could be used towards payment of basic excise duty even if the duty availed in respect of an input is not used in the manufactur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal is correct in allowing modvat credit taken under the head of Additional Excise Duty (Textile and Textile Article) i.e. AED (T TA) towards discharging Basic Excise Duty on the clearance of manufactured excisable goods in accordance with erstwhile Rules 57(a), 9(2), 57F(12) of Central Excise Rules, 1944 Notification No. 5/1994, dated 1-3-1994? 4. The assessee availed the credit of addit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in so far as it relates to the additional duty of excise specified under (ii) above or the additional duty specified under (iii)(b) above, allowed in respect of inputs shall be utilised only towards payment of duty of excise leviable for the Additional Duties of Excise on the final products or, as the case may be, on the inputs, if such inputs are permitted to be cleared under Rule 57F of the sai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n issued thereunder is clearly wiped out. It is no more the requirement of law that credit taken for additional duty paid should be utilized only for clearing the goods if additional duty is to be paid in respect of the said goods also. As is clear from the proviso not only such a duty could be used towards payment of basic excise duty even if the duty availed in respect of an input is not used in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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