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The HC held that a 100% EOU may discharge liability for countervailing duty at debonding by utilization of legitimately accumulated Cenvat credit; the tribunal's contrary demand for payment in cash was rejected. The tribunal had relied on an interim ruling of this HC in a prior matter, which has since been rendered final, and that precedent governs the present controversy. Consequently, the appellant's challenge to the tribunal's reliance on the HC precedent fails and the appeal is dismissed with parties to bear their own costs.
The HC held that a 100% EOU may discharge liability for countervailing duty at debonding by utilization of legitimately accumulated Cenvat credit; the tribunal's contrary demand for payment in cash was rejected. The tribunal had relied on an interim ruling of this HC in a prior matter, which has since been rendered final, and that precedent governs the present controversy. Consequently, the appellant's challenge to the tribunal's reliance on the HC precedent fails and the appeal is dismissed with parties to bear their own costs.
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