The Tribunal held that the utilization of CENVAT credit of basic ...

Utilization of CENVAT credit of basic excise duty for payment of National Calamity Contingent Duty permissible.

Case Laws Central Excise

September 3, 2024

The Tribunal held that the utilization of CENVAT credit of basic excise duty for payment of National Calamity Contingent Duty (NCCD) is permissible u/r 3 of the CENVAT Credit Rules, 2004. This issue is settled by various judgments, including the Tribunal's own decision in the case of C.C.E. & S.T. -SILVASA AND C.C.E. & S.T. -DAMAN VERSUS WELSPUN SYNTEX LTD AND M/S. WELLKNOWN POLYESTER LIMITED. The Tribunal distinguished the judgment in M/s. Unicorn Industries vs. UOI, which dealt with the nature of NCCD as a surcharge or excise duty, and held it to be irrelevant to the present issue. Consequently, the Tribunal upheld the respondent's utilization of CENVAT credit of basic excise duty for payment of NCCD and dismissed the Revenue's appeal.

View Source

← Previous Next →

The Tribunal held that the utilization of CENVAT credit of basic ...

Utilization of CENVAT credit of basic excise duty for payment of National Calamity Contingent Duty permissible.

Case Laws Central Excise

September 3, 2024

You may also like:

Utilization of Cenvat credit of basic excise duty for payment of National Calamity Contingent Duty (NCCD) - there is no bar in utilization of basic excise duty for payment of NCCD.

Utilization of Cenvat Credit of basic excise duty - appellant is clearly entitled for utilization of Cenvat Credit of basic excise duty for payment of Education Cess /...

Recovery of wrongly utilized credit - utilization of Cenvat Credit availed on Basic Excise Duty (BED) for payment of EC and SHEC - Period between April 2013 and January...

Cross Utilization of CENVAT Credit - wrong utilization of Additional Duty of Excise (T&TA) for the payment of Basic Excise Duty and AED (GOSI) - levy of interest...

While CENVAT credit of National Calamity Contingency duty (NCCD)can be utilized under the CENVAT Credit Rules only towards payment of such National Calamity Contingency...

Utilization of cenvat credit of education cess and secondary and higher education cess paid for payment of basic excise duty - The utilization of the credit is not correct in law.

Cross utilization of CENVAT Credit - input services - With effect from 2004 when Cenvat Credit Rules, 2004 were issued, it was stated clearly that cross utilization of...

Bar on utilization of CENVAT Credit on payment of excise duty - Once Rule 8(3A) has been declared as unconstitutional to the extent it prohibited utilizing Cenvat credit...

Cenvat credit on AED (T&TA) for payment of basic excise duty on clearance of the final product from the factory - the information regarding taking of cenvat credit on...

Disallowance of excise duty - an item of section 43B - Since the excise authority held that CENVAT credit on fuel used for generation of electricity supplied to the...

Failure to pay Central Excise duty while taking CENVAT credit - The fact that appellant had taken the CENVAT Credit without payment of any duty has not been challenged...

Cenvat credit - Once the credit is availed, the use of such credit is governed by Rule 3 of the Cenvat Credit Rules, 2004. Sub-Rule (4) of the said Rule stipulates that...

CENVAT credit - there was no bar to utilize Cenvat credit of Basic Excise Duty for payment of Education Cess - demand set aside - AT

Refund of unutilized Cenvat credit - Other than Rule 5 of Cenvat Credit Rules, there is no other provision either in Cenvat Credit Rules, 2004 or in Central Excise...

Cenvat Credit - The words ‘exempted goods’ refer only to a situation where the goods are exempted from all kinds of excise duties in so far as Rule 6(1) of the Cenvat...

Quick Updates: