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2007 (12) TMI 40

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..... ent contains all the requisite entries relating to debits made in DEPB towards payment of CVD on the imported goods, such as particulars of DEPB licenses etc. - particulars were duly verified by the proper officer of customs and certified by him – B/E is documents specified u/r 9(1) to avail credit so credit available
S/Shri P.G. Chacko, Member (J) and P. Karthikeyan, Member (T) [Order per: P. .....

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..... debited in DEPB. This benefit was expressly granted vide condition No. (vi) of the said Notification. The DEPB licences used by the appellants where all issued after 17-9-2004 and, obviously, the subject imports were made subsequently. The imported goods were cleared on payment of duties of Customs through debits in DEPB. The question to be con is whether the importer was entitled to take CENVAT .....

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..... dition (vi) of Notification No. 96/04-Cus. cannot be denied to the appellants in respect of the imports made after 17-9-2004 and cleared on payment of duties by way of debits in DEPB licences issued after the said date. One of the objections of the Revenue, reiterated by ld. SDR today, is that CVD was not paid in cash and hence CENVAT credit thereof was not admissible. This tanta-mounts to floutin .....

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..... ot duty payments. After careful scrutiny of the entries made in the Bill of Entry considered by the Commissioner, we find that this document contains all the requisite entries relating to debits made in DEPB towards payment of CVD on the imported goods, such as particulars of DEPB licences, particulars of registration thereof with the Customs authorities, value of the goods and quantum of debit. W .....

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