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TMI Blog2018 (9) TMI 1439X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee from claiming CENVAT credit. The countervailing duty would not be included in the expression “duty of excise” for the purpose of the said rule - the assessee's very foundation of claiming the benefit of CENVAT credit would disappear. Penalty - Held that:- The Appellate Authority had noted that correct facts were suppressed by the assessee from the department and the reversal of payment of duty was made only after it was pointed out by the audit - Penalty upheld. Appeal dismissed. - R/TAX APPEAL NO. 1133 of 2018 With CIVIL APPLICATION NO. 2 of 2018 - - - Dated:- 14-9-2018 - MR AKIL KURESHI AND MR B.N. KARIA, JJ. For The Petitioner : Mr Hasit Dave (1321) For The Respondent : Mr Ankit Shah (6371) ORAL ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f exemption notification 12 of 2012 dated 17.03.2012, the assessee would either pay duty at the reduced rate or Nil rate of duty. In this context, the question of allowing the assessee to claim CENVAT credit arose. The Revenue authorities and the Tribunal held that by virtue of proviso to rule 3(1) of CENVAT credit Rules, 2004, ('the Rules' for short) in view of the benefit availed by the assessee and the said exemption notifications, CENVAT credit would not be allowable. It is this view which the assessee has challenged before us. Relevant portion of Rule 3(1) of the CENVAT Credit Rules reads as under: Rule 3(1) A manufacturer or producer of final products or a [provider of output service] shall be allowed to take credit (here ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... would be allowed to take the CENVAT credit on the duty of excise specified in the First Schedule to the Excise Tariff Act, leviable under the Excise Act. Subrule (1) of rule 3 which gives the concession of availment of CENVAT credit of the duty paid, also uses the same expression duty of excise as is used in the proviso which restricts or limits the right of availment of such facility under certain circumstances. The expression duty of excise used in clause (i) of subrule (1) of rule 3 and the above noted proviso to the said rule, must receive same interpretation. The term duty of excise cannot have different connotations for the purpose of subrule (1) of rule 3 and for the purpose of proviso to the rule 3. Thus, if we accept the con ..... X X X X Extracts X X X X X X X X Extracts X X X X
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