TaxTMI Login
AI Drafter - (New and Powerful) ✕
Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
Just a moment...
AI Drafter - (New and Powerful) ✕ Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
Issues: Whether credit of additional duty of excise paid after 01.04.2000 could be utilised towards payment of basic excise duty and special excise duty, and whether the assessee was entitled to the credit claimed.
Analysis: The dispute turned on Rule 3(7)(b) of the Cenvat Credit Rules, 2004 and its explanation, which permits utilisation of credit of additional duty of excise paid on or after 01.04.2000 towards payment of duty under the First Schedule or Second Schedule to the Central Excise Tariff Act, 1985. The record also showed that the duty had been debited on 31.12.2004. Further, the underlying levy of AED(GSI) itself had been held not payable in the assessee's case, so the amount paid was treated as credit available to the assessee.
Conclusion: The assessee was entitled to utilise the credit for payment of basic excise duty and special excise duty, and the Revenue's challenge failed.
TaxTMI 
