2008 (10) TMI 407

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.... Respondent. [Order]. - In the impugned order, Commissioner (Appeals) upheld the order of the original authority. The original authority had demanded 50% of the duty credit availed by the appellants on receipt of inputs supplied by an EOU during August 2004. He demanded an amount of Rs. 70,073/- along with applicable interest in terms of Rule 14 of the CENVAT Credit Rules, 2004 (CCR) read with ....

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....ed in the appeal. Ld. Consultant appearing on behalf of the appellant submits that the appellant was entitled to the entire credit of duty paid on the inputs as reflected in the invoices accompanying the same. The departmental authorities having jurisdiction over the assessee - unit could not redetermine the entitlement to credit of the assessee as reflected in the related invoices. The said exerc....

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....m an EOU is regulated by sub-rule (7) of Rule 3 of CCR 2004. The said rule lays down that a recipient manufacturer shall be entitled to CENVAT credit in respect of inputs manufactured by a 100% EOU in the following manner, namely Fifty per cent of [X multiplied by {(1+BCD/100) x (CVD/100}], where BCD and CVD denote ad valorem, rates in per cent., of basic customs duty and additional duty of custom....