https://www.taxtmi.com/forum/issue?id=5133 Whether Cenvat credit of basic excise duty may be applied to discharge Education Cess and Secondary and Higher Education Cess: Rule 3(4) sets out permitted utilization while Rule 3(7) imposes specified restrictions. The decision applies a double member tribunal precedent holding that Cenvat credit cannot be used to pay education cesses, necessitating recovery of the disallowed credit with interest under the Central Excise Act. In view of conflicting CESTAT precedents and Supreme Court authority, penalty under Rule 15(1) of the Cenvat Credit Rules is held not leviable. en-us Tue, 01 Jan 2013 19:30:42 +0530 Thu, 23 Jan 2025 15:57:47 +0530 TaxTMI RSS Generator https://www.taxtmi.com/forum/issue?id=5133 Whether Cenvat credit of basic excise duty may be applied to discharge Education Cess and Secondary and Higher Education Cess: Rule 3(4) sets out permitted utilization while Rule 3(7) imposes specified restrictions. The decision applies a double member tribunal precedent holding that Cenvat credit cannot be used to pay education cesses, necessitating recovery of the disallowed credit with interest under the Central Excise Act. In view of conflicting CESTAT precedents and Supreme Court authority, penalty under Rule 15(1) of the Cenvat Credit Rules is held not leviable. Discussion-Forum Central Excise Tue, 01 Jan 2013 19:30:42 +0530 https://www.taxtmi.com/forum/issue?id=5133