https://www.taxtmi.com/caselaws?id=751951 CESTAT Chennai set aside demand for recovery of wrongly utilized Cenvat credit where appellant used credit availed on Basic Excise Duty for payment of Education Cess and Secondary Higher Education Cess during April 2013-January 2014. Following precedent in Vedanta Ltd. case, Tribunal held that demand alleging violation of Rule 3(7)(b) of Cenvat Credit Rules, 2004 cannot be sustained. Relying on Gauhati HC decision in Prag Bosimi Synthetics and SC ruling in Unicorn Industries, Tribunal concluded that Education Cess and Secondary Higher Education Cess are additional excise duties, allowing utilization of Cenvat credit for their payment. Appeal allowed. en-us Fri, 26 Apr 2024 00:00:00 +0530 Wed, 01 May 2024 05:53:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=751951 CESTAT Chennai set aside demand for recovery of wrongly utilized Cenvat credit where appellant used credit availed on Basic Excise Duty for payment of Education Cess and Secondary Higher Education Cess during April 2013-January 2014. Following precedent in Vedanta Ltd. case, Tribunal held that demand alleging violation of Rule 3(7)(b) of Cenvat Credit Rules, 2004 cannot be sustained. Relying on Gauhati HC decision in Prag Bosimi Synthetics and SC ruling in Unicorn Industries, Tribunal concluded that Education Cess and Secondary Higher Education Cess are additional excise duties, allowing utilization of Cenvat credit for their payment. Appeal allowed. Case-Laws Central Excise Fri, 26 Apr 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=751951