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TMI Blog2023 (1) TMI 148X X X X Extracts X X X X X X X X Extracts X X X X ..... XCISE, MUMBAI-III VERSUS M/S CEAT LTD. [ 2013 (7) TMI 568 - BOMBAY HIGH COURT] , the Bombay High Court has upheld the order passed by the Commissioner of Central Excise dropping the show cause notice. The CESTAT has extracted the relevant passage from the judgment of Bombay High Court in CEAT Ltd. and allowed the appeal. We are in respectful agreement with the view taken by the Bombay High Court. There are no legal infirmity in the order passed by the CESTAT as it is in consonance with the judgment of Bombay High Court in CEAT Ltd. - appeal dismissed. - C.E.A No.63 OF 2019 - - - Dated:- 2-12-2022 - HON BLE MR. JUSTICE P.S. DINESH KUMAR AND HON BLE MR. JUSTICE C.M. POONACHA APPELLANT (BY SHRI. AMIT DESHPANDE, ADVOCATE) RESPO ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... inished products in the manufacture of which inputs were used. Tyres being the final product did not attract AED(GSI) and the assessee was not entitled to avail or utilize the same. 4. Rule 3(6) of Cenvat Credit Rules, 2002 was amended vide Notification No.46/2003 CE-NT with effect from 01.03.2003, whereby, the credit of AED(GSI) was permitted to be utilized for payment of any duty of excise leviable on finished products. In view of the amended provisions, respondent utilized the accumulated credit for payment of Central Excise duty on tyres during the period from October 2002 to July 2004 by way of cross utilization of the credit. 5. Rule 3(6) of CENVAT Credit Rules was further amended by Section 88(3) of Finance Act (No.2), 2004 wit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... impugned order passed by the CESTAT, Shri. Peeran submitted that the issue is no more res integra and covered by the decision in Commissioner of Central Excise Vs. CEAT Ltd. (2013) 298 ELT 525 (Bom.) passed by the High Court of Judicature at Bombay. With these submissions, he prayed for dismissal of the appeal. 8. We have carefully considered rival contentions and perused the records. 9. Undisputed facts of the case are, pursuant to the first amendment of Rule 3(6) of CENVAT Credit Rules brought with effect from 01.03.2003, assessee utilized the credit for payment of duty on tyres by way of cross utilization of AED(GSI). With the subsequent amendment, the assessee re-credited the sum of Rs.9,51,11,316/-. In identical circumstance ..... X X X X Extracts X X X X X X X X Extracts X X X X
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