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The Tribunal held that the utilization of CENVAT credit of basic excise duty for payment of National Calamity Contingent Duty (NCCD) is permissible u/r 3 of the CENVAT Credit Rules, 2004. This issue is settled by various judgments, including the Tribunal's own decision in the case of C.C.E. & S.T. -SILVASA AND C.C.E. & S.T. -DAMAN VERSUS WELSPUN SYNTEX LTD AND M/S. WELLKNOWN POLYESTER LIMITED. The Tribunal distinguished the judgment in M/s. Unicorn Industries vs. UOI, which dealt with the nature of NCCD as a surcharge or excise duty, and held it to be irrelevant to the present issue. Consequently, the Tribunal upheld the respondent's utilization of CENVAT credit of basic excise duty for payment of NCCD and dismissed the Revenue's appeal.
The Tribunal held that the utilization of CENVAT credit of basic excise duty for payment of National Calamity Contingent Duty (NCCD) is permissible u/r 3 of the CENVAT Credit Rules, 2004. This issue is settled by various judgments, including the Tribunal's own decision in the case of C.C.E. & S.T. -SILVASA AND C.C.E. & S.T. -DAMAN VERSUS WELSPUN SYNTEX LTD AND M/S. WELLKNOWN POLYESTER LIMITED. The Tribunal distinguished the judgment in M/s. Unicorn Industries vs. UOI, which dealt with the nature of NCCD as a surcharge or excise duty, and held it to be irrelevant to the present issue. Consequently, the Tribunal upheld the respondent's utilization of CENVAT credit of basic excise duty for payment of NCCD and dismissed the Revenue's appeal.
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