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TMI Blog2023 (9) TMI 6X X X X Extracts X X X X X X X X Extracts X X X X ..... goods. The very issue was before the Tribunals in the case of M/S HINDALCO INDUSTRIES LTD. VERSUS GST, BHOPAL [ 2018 (3) TMI 1124 - CESTAT, NEW DELHI] , the Tribunal has held the appellant has correctly availed the Cenvat credit of CVD paid on imported coal in terms of Rule 3(7) of Cenvat Credit Rules, 2004. Appeal allowed. - HON BLE MR. R. MURALIDHAR MEMBER ( JUDICIAL ) Mr. Tarun Chatterjee Advocate Mrs. Binita Pandey, C.A. for the Appellant Mr. S. S. Chattopadhyay, Authorized Representative for the Respondent ORDER PER R. MURALIDHAR : The appellant is manufacture sponge and iron and steel items. They have imported coal and cleared the same on payment of the Custom Duty and CVD in terms of Noti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 366 (Tri-Kol) which has been affirmed by the Calcutta High Court vide CCE Vs. Shyam Steel Industry Ltd. 2022(382)ELT329. 4. The Ld. AR reiterates the findings of the lower authorities and justifies the rejection of refund claim. 5. Heard both sides and perused documents and considered the submissions. 6. It is seen from Notification No.12/2012 CUS that it is clearly specified that one per cent CVD is required to be paid. There is no condition that such CVD paid can t be taken as Cenvat Credit. Coming to Notification No.12/2012 CX it is seen that in respect of the goods in question, the percentage of Excise Duty to be paid is @1% subject to Condition 25 of the Notification. This condition specifies that no Cenvat Credit should ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Industry Ltd. cited supra, the Hon ble Tribunal has held as under :- 5. We find that the crux of the issue before us relates to admissibility of Cenvat credit of CVD on imported coal cleared at the rate of 1%/2% under Sl. No. 123 of the Customs Notification No. 12/2012-Cus., dated 17 March, 2012 as amended by Customs Notification No. 12/2013-Cus., dated 1 March, 2013. There is no restriction in these notifications unlike Sl. No. 67 of Central Excise Notification No. 12/2012, dated 17 March, 2012 in so far as the availment of Cenvat credit on coal is concerned. The credit of CVD is available under Rule 3(1)(vii) of the CCR and the proviso to Rule 3(1)(i) restricting credit in case of coal cleared under Excise Notification No. 12/2012, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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