https://www.taxtmi.com/caselaws?id=94948 Modvat credit on inputs received from a 100% Export Oriented Unit was to be determined under the first proviso to Notification No. 5/94-C.E. by comparing the additional customs duty leviable on like imported goods with the duty actually paid by the EOU. The Tribunal followed the Larger Bench view that duty paid by a 100% EOU on clearances into India is treated as excise duty and is not to be split into basic customs duty, auxiliary duty, or additional duty components. On that basis, credit was allowable within the proviso's limit, and the demand and penalty could not be sustained. en-us Fri, 06 Oct 2000 00:00:00 +0530 Tue, 06 Dec 2011 10:39:38 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=94948 Modvat credit on inputs received from a 100% Export Oriented Unit was to be determined under the first proviso to Notification No. 5/94-C.E. by comparing the additional customs duty leviable on like imported goods with the duty actually paid by the EOU. The Tribunal followed the Larger Bench view that duty paid by a 100% EOU on clearances into India is treated as excise duty and is not to be split into basic customs duty, auxiliary duty, or additional duty components. On that basis, credit was allowable within the proviso's limit, and the demand and penalty could not be sustained. Case-Laws Central Excise Fri, 06 Oct 2000 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=94948