Basic excise duty for education cess turned on settled precedent in the assessee's own case, favouring the assessee.

Basic excise duty was held usable for discharging education cess for the relevant period, where the Tribunal followed an identical issue already decided in the assessee's own case and upheld by the High Court. On that settled position, the impugned order could not be sustained, and the issue was resolved in favour of the assessee and against the Revenue.

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Issues: Whether basic excise duty could be utilised for discharge of education cess for the relevant period.

Analysis: The Tribunal noted that an identical issue in the assessee's own case had already been decided against the assessee by a speaking order, and that decision had been upheld by the High Court. In view of the settled position in the assessee's own case, the impugned order could not be sustained.

Conclusion: The issue was decided in favour of the assessee and against the Revenue.

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