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TMI Blog2013 (6) TMI 529X X X X Extracts X X X X X X X X Extracts X X X X ..... ke out a prima facie case in their favour for total waiver of dues adjudged. - stay grated. - E/266/2010 - 112/KOL/2013 - Dated:- 22-3-2013 - D M Misra And I P Lal, JJ. For the Appellant : Dr Samir Chakraborty, Adv. For the Respondent : Shri S Misra, Addl. Commissioner (AR) Per: D M Misra: Heard both sides. 2. The Ld. Advocate submitted that additional duty of excise is payable under the Additional Duty of Excise (Goods of Special Importance) Act, 1957 on the 'inputs' viz. nylon tyre cord fabrics and dipped nylon tyre cord fabrics. The Cenvat Credit availed of such AED, until April 01,2000, was admissible to be used for payment of AED only, as per Notification No. 5/94-CE (NT) dated March 1, 1994, as amended. Since tyre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s alongwith interest @ 13% and prescribing the method of such recovery. Consequently, the applicant/appellant paid back the sum of Rs.19,17,44,316/- in installments with interest from July, 2005 onwards. 5. The Ld. Adv. submitted that after payment of the said amount of Rs.19,17,44,316/-, the appellant had took credit of the same and utilized the same Rs.7,97,82,109/- towards payment of duty. 6. The Ld. Advocate submitted that the availment of Cenvat Credit on the accumulated AED(GSI) Credit as on 01.04.2000 by the Applicant, and utilized for payment Basic excise duty, is in accordance with law in view of the judgment of this Tribunal in the case of CCE Vs. CEAT Ltd. -2010 (254) ELT 349 (T). It is the submission of the Ld. Advocate that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .), dated 1-3-03, this prohibition was relaxed and the assessee was allowed use of AED (GSI) to discharge BED payable on tyres. The assessee had accumulated credit of Rs. 32,78,21,329/- which it utilized for payment of BED. Vide Sec. 88 of the Finance Act, 2004, Government restricted use of AED (GSI) for payment of BED and barred use of such AED (GSI) earned prior to 1-4-2000. Vide Sec. 124 of Finance Act, 2004, Government issued detailed directions for payment of BED discharged by the assessee along with interest @13% in 36 equal installments. The assessee accordingly paid an amount of Rs. 65,54,373/- every month from July, 2005 to June, 2006. On payment of BED from PLA the appellant took suo motu credit of equal amount in the AED (GSI) ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... credit. Therefore, the credit needed to be restored and was correctly ordered so by the Commissioner. We find considerable merit in the finding of the Commissioner that but for the statutory changes introduced with effect from 1-3-03 following which the assessee had discharged the duty liability on tyres using AED (GSI), it would have continued to have the impugned credit in its account. We also find that the Commissioner correctly held that the respondent had taken the impugned credit under valid duty paying documents under cover of which inputs had been received. Accordingly, we sustain the impugned order and reject the appeal filed by the Revenue". 10. The Ld. A.R. has also accepted that the facts involved in the present case are ident ..... X X X X Extracts X X X X X X X X Extracts X X X X
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