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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 ..... opal Respondent [2018(3) TMI 1124-CESTAT, New Delhi]. Therefore, appeal be heard on priority basis. 2. Considering the submission made by the Ld. Counsel for the applicant we found that the issue is squarely covered, therefore, with the consent of the Ld. Authorized Representative, the appeal is taken up for final disposal today itself. 3. Heard the parties. Considered the submissions. 4. We find that the sole issue involved in this matter is whether the Cenvat Credit of 2% countervailing duty paid on imported coal is eligible to the appellant in terms of Rule 3(1) of Cenvat Credit Rules, 2004 as Cenvat Credit or not. 5. We have gone through the decision taken by the Hon'ble Calcutta High Court in the case of Commissioner of CGST and CX ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cance and the word "equivalent" occurring in sub-Rule (vii) of Rule 3 of the CENVAT Credit Rules, 2004 would indicate that countervailing duty (CVD) is equal to duty of excise in all respects and accordingly all the conditions prevailing on duty of excise is very much applicable to CVD though they are collected under different statutes but are same in respect of their nature and the purpose for levy. Further it is contended that the notifications dated 01.03.2011 and 17.03.2012 read with Rule 3 is applicable to CVD and if any other interpretation is given it will jeopardize the very purpose of imposition of countervailing duty. 6. The learned tribunal while allowing the appeal pointed out that there is no restrictions in the notification ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s State of Rajasthan and Others (2012) 3 SCC 129 wherein it was held that the said word must be given a reasonable meaning and b using the expression "equivalent" one means that there are some degree of flexibility or adjustments which do not allow this rated requirements; there has to be some difference between what is equivalent and what is exact. The circular issued by CBEC in Circular No. 41/2013 -Cus dated 21.10.2013 is also of relevance to the case on hand. Te necessity to issue the circular arose as doubt was raised whether an importer, while availing the "Basic Customs Duty" (BCD) Exemption at 10% under FTA can simultaneously avail of the concessional countervailing duty (CVD) at 2% as per notification No. 12/2012-Customs or he has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ussion in Point No. 1 and in the Minutes of the Meeting of the Committee dated 09.02.2015 it was decided as follows : Since the subject goods were levied to reduced rate of 2% CVD on their importation in terms of Section 3 of Customs Tariff Act, 1975 read with Notification issued therein ie. Under Notification No. 12/2012 -Cus Dated 17.03.2013 ( and not under Notification No. 1/2011 CE) which was not excluded from the purview of Rule 3 of Cenvat Credit Rules, 2004. It appears that the Cenvat Credit of CVD paid on importer coal (i.e. 2% adv.) under Notification No. 12/2012 -Cus Dated 17.03.2013 is eligible for credit. 9. Identical issue has been decided in favour of the assessee by the tribunal in Hindalco Industries Limited Versus GST ..... X X X X Extracts X X X X X X X X Extracts X X X X
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