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TMI Blog2025 (1) TMI 526X X X X Extracts X X X X X X X X Extracts X X X X ..... s there is no bar for availment of CENVAT Credit in terms of the Rule 3(7) where duty paid under Notification No. 12/2012-Cus and CENVAT Credit cannot be denied.' Conclusion - The appellant is entitled to Cenvat Credit of 2% CVD paid by them at the time of import of the goods. Appeal allowed. - HON BLE SHRI ASHOK JINDAL JUDICIAL MEMBER And HON BLE SHRI RAJEEV TANDON , TECHNICAL MEMBER Mr. J. Mohanty Ms. Shreya Mundra , Advocates for the Appellant Mr. S. Dey , Authorized Representative for the Respondent ORDER The applicant has filed an application on the ground that issue has already been settled in the case of M/s. Hindalco Industries Ltd. Appellant Versus GST, Bhopal Respondent [2018(3) TMI 1124-CESTAT, New Delhi]. Therefore, appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taxable service shall be allowed to take credit (CENVAT Credit of such duty of excise shall not be allowed to be taken when paid on any goods specified in the first schedule to the Excise Tariff Act leviable under the Excise Act provided that CENVAT Credit of such duty of excise shall not be allowed to be taken when paid on any goods specified in Serial Nos. 67 and 128 in respect of which the benefit of an exemption under Notification 12-2012-CE dated 17.03.2012 is availed. It is submitted that the adjudicating authority took note of the dictionary meaning of the word equivalent mean a thing equal to another in value or measure force or an effect or significance and the word equivalent occurring in sub-Rule (vii) of Rule 3 of the CENVAT Cr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essional excise duty read on domestically manufacture goods 1% without CENVAT excise notification where not uniform and in any event the expression equivalent appearing in Rule 3 (1)(vii) of the Rules for modification of CVD could not be restricted including the tariff rate of excise duty of 6% on the domestically manufacture goods. The tribunal also referred to one of its decisions in the case of Jaypee Sidhi Cement Plant Verus CCGST, Customs and Excise, Jabalpur, 2019 (369) ELT 1673. 7. The Learned Senior Advocate appearing for the respondent assessee to explain meaning of the word equivalent referred to the decision in Chandrakala Trivedi Versus State of Rajasthan and Others (2012) 3 SCC 129 wherein it was held that the said word must be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s availed of the concessional BCD on steam coal under another notification. It is therefore, clarified that an importer while availing of BCD exemption on steam coal under FTA notification No. 46/2011 Cus can simultaneously avail of concessional CVD at 2% under notification No. 12/2012-Cus. 8. That apart, we find that the Regional Advisory Committee for Hyderabad zone which is the Committee consisting of 10 Members, 5 from the department who are all in the rank of Commissioners/Joint Commissioners and 5 Members representing the Industry considered this issue. The question which has arisen in the case on hand was subject matter of discussion in Point No. 1 and in the Minutes of the Meeting of the Committee dated 09.02.2015 it was decided as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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