Importers can claim CENVAT credit on 2% CVD paid on imported coal under Customs notification 12/2012

CESTAT dismissed the department's appeal regarding recovery of CENVAT credit on CVD paid for imported coal. The tribunal held that importers can validly avail CENVAT credit of 2% CVD paid under Customs notification 12/2012 on coal imports. The restriction in Rule 3 applies only to indigenous goods claiming excise duty exemption under Central Excise notification 12/2012-CE, not imported coal subject to CVD under Customs notification. SC precedent in SRF Ltd. confirmed notification 12/2012-CE applies only to domestically manufactured coal. The Commissioner (Appeals) order allowing credit was upheld.

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Issues Involved:
1. Entitlement to credit in respect of CVD paid under notification no.12/2012-Cus on import of coal.
2. Applicability of Rule 3(1) of the Cenvat Credit Rules, 2004.
3. Distinction between customs notification and central excise notification.

Summary:

Entitlement to Credit in Respect of CVD Paid:
The primary issue in this appeal is whether the respondent is entitled to credit for CVD paid under notification no.12/2012-Cus dated 17.03.2012 on the import of coal. The Tribunal held that this issue is no longer res integra and has been consistently decided in favor of the assessee, as affirmed by the High Court of Calcutta in Commissioner of CGST & C. EX, Bolpur Commissionerate Vs. Shyam Steel Industries Ltd. - 2022 (382) ELT 329 (Cal).

Applicability of Rule 3(1) of the Cenvat Credit Rules, 2004:
The respondents, engaged in manufacturing cement and clinkers, were availing Cenvat credit on CVD paid on imported coal as per Rule 3(1) of the Cenvat Credit Rules, 2004. The department issued a show cause notice denying this credit and confirming its recovery with interest and penalty. However, the Commissioner (Appeals) allowed the respondents' appeal, which led to the department filing the present appeal before the Tribunal.

Distinction Between Customs Notification and Central Excise Notification:
The Tribunal noted that Rule 3(1)(vii) allows credit of additional duty leviable under Section 3 of the Customs Tariff Act. The Tribunal referred to the decision in Hindalco Industries Ltd Vs. GST, Bhopal, which clarified that the restriction on availing credit under notification no.12/2012-CE applies only to indigenously manufactured goods and not to imported goods. The Tribunal also cited other cases, including SRF Limited Vs. CC, Chennai, and decisions of various benches, which supported the respondents' entitlement to credit.

Conclusion:
The Tribunal upheld the impugned order of the Commissioner (Appeals), dismissing the department's appeal and allowing the respondents' cross-appeal. The Tribunal emphasized the consistent judicial view that Cenvat credit of CVD paid on imported coal under notification no.12/2012-Cus is admissible, distinguishing it from the central excise notification applicable to domestic goods. The Tribunal reiterated that the conditions under Rule 3(1)(i) do not apply to Rule 3(1)(vii), thus affirming the respondents' position.

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