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of <h1>Tribunal grants adjustment of Central Excise duty, cites case law and Circular, waives pre-deposit</h1> <h3>LOKESH MACHINES LTD. Versus COMMISSIONER OF CUSTOMS, CENTRAL EXCISE AND SERVICE TAX, HYDERABAD-IV</h3> LOKESH MACHINES LTD. Versus COMMISSIONER OF CUSTOMS, CENTRAL EXCISE AND SERVICE TAX, HYDERABAD-IV - TMI Issues:1. Utilization of CENVAT credit for payment of education cess2. Adjustment of excess payment in one category against short payment in another category3. Interpretation of Circular No. 4/93-CX.8 and relevant case lawsIssue 1: Utilization of CENVAT credit for payment of education cessThe case involved a dispute regarding the utilization of CENVAT credit for the payment of education cess. The Revenue contended that the appellant had utilized CENVAT duty paid on raw materials for education cess, resulting in short payment of education cess. The appellant argued that the mistake was acknowledged, and they had paid the short amount subsequently. The appellant relied on Circular No. 4/93-CX.8 and a decision by the Hon'ble High Court of Kolkata to support their case. However, the Tribunal referred to a previous case where it was held that such adjustment was not possible. The Tribunal emphasized that the issue was not about the adjustment of excess payment but about the specific case of short payment of education cess.Issue 2: Adjustment of excess payment in one category against short payment in another categoryThe Appellate Tribunal, in its impugned order, allowed the adjustment of short paid Central Excise duty against education cess paid in excess. It directed the jurisdictional Commissioner to make the adjustment and consider a refund of the balance amount after adjustment, subject to a refund claim. The Tribunal cited a decision by the Hon'ble High Court of Kolkata, which clarified that adjustments between excess payments in one category and short payments in another category were permissible.Issue 3: Interpretation of Circular No. 4/93-CX.8 and relevant case lawsThe Tribunal considered Circular No. 4/93-CX.8, which allowed for the transfer of balance from one duty head to another upon application by the manufacturer. Additionally, the decision of the Hon'ble High Court of Kolkata highlighted that adjustments between excess payments and short payments in different categories of duty were acceptable. The Tribunal, based on these interpretations, waived the pre-deposit requirement and granted a stay against recovery in favor of the appellant.In conclusion, the judgment addressed the issues of CENVAT credit utilization, adjustment of payments in different categories, and the interpretation of relevant circulars and case laws. The Tribunal's decision was based on the specific circumstances of the case and the applicability of legal provisions and precedents.
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