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CESTAT allowed the appeal and set aside the impugned order, holding that CENVAT credit of countervailing duty (CVD) paid on imported steam coal, obtained by virtue of Customs Tariff Notification, is admissible. Rule 3 restrictions apply to coal procured from domestic manufacturers and do not bar credit on concessional CVD paid on imports; the proviso to Rule 3(1)(i) read with Rule 2(d) is inapplicable. Consequently the demand under Section 14 of the CENVAT Credit Rules and associated interest was quashed, and the penalty under Rule 15(2) read with Section 11AC of the CE Act was set aside. Extended limitation was not invoked owing to the appellant's bona fide belief; appeal allowed.
CESTAT allowed the appeal and set aside the impugned order, holding that CENVAT credit of countervailing duty (CVD) paid on imported steam coal, obtained by virtue of Customs Tariff Notification, is admissible. Rule 3 restrictions apply to coal procured from domestic manufacturers and do not bar credit on concessional CVD paid on imports; the proviso to Rule 3(1)(i) read with Rule 2(d) is inapplicable. Consequently the demand under Section 14 of the CENVAT Credit Rules and associated interest was quashed, and the penalty under Rule 15(2) read with Section 11AC of the CE Act was set aside. Extended limitation was not invoked owing to the appellant's bona fide belief; appeal allowed.
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