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Issues: Whether Cenvat credit of basic excise duty could be utilized for payment of Education Cess and Secondary and Higher Education Cess while availing Notification No. 39/2001-CE.
Analysis: The issue had already been decided by the Tribunal in earlier matters and was treated as no longer res integra. The settled view was that an assessee availing the area-based exemption under Notification No. 39/2001-CE was entitled to use Cenvat credit of basic excise duty for discharge of Education Cess and Secondary and Higher Education Cess. Following that consistent line of decisions, the impugned order could not be sustained.
Conclusion: The appellant was entitled to utilize Cenvat credit of basic excise duty for payment of Education Cess and Secondary and Higher Education Cess.