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2013 (4) TMI 28

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..... es is admissible as for calculating the total amount of credit or not. Held that:- The term “CVD” has not been specifically defined in the CENVAT Credit Rules and Board’s Circular No. 818/15/2005-CX., dated 15-7-2005 also refers to 4% levied in terms of Section 3(5) of the Customs Tariff Act as CVD/Special CVD. we prima facie hold both the CVDs should be taken into account while determining the .....

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..... aid by the 100% EOU and according to the appellant they are eligible for 16.789%. In respect of supplies received from USV Ltd., according to the department they are eligible for 16.3% whereas according to the appellants they are eligible for 21.558%. The dispute relates to the term CVD used in the formula under Rule 3(7) of the CENVAT Credit Rules. According to the department, CVD refers to Add .....

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..... wara Precision Components, we prima facie hold both the CVDs should be taken into account while determining the eligible amount of credit under Rule 3(7) of the CENVAT Credit Rules and therefore, the appellants have made out a strong case in their favour for substantial part of the amount. According to the appellants only a sum of Rs. 41,862/- is payable and the same stands paid. 4. In view of t .....

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