2011 (1) TMI 222

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rder. 3. All these appeals arise from a common order passed by the Commissioner (Appeals), Chandigarh on 31-8-2009. By the impugned order, the appeals filed by the respondents against the orders passed by the adjudicating authority on 19-11-2008, 13-2-2009, 1-4-2009 and 13-5-2009 involving common issue have been set aside and the claims of the respondents for refund have been allowed. 4. The details of the claim which was disallowed by the adjudicating authority, the orders which were challenged before the Commissioner (Appeals), were as under : Sl. No. Appeal No. Order-in-original Period involved Amount of refund rejected by the adjudicating authority on account of Edu. & H.S. Edu. Cess paid through BED  (in Rs.) Excess d....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....in the above chart on account of central excise duty paid through PLA for the months specified in the chart claiming the same in terms of the Notification No. 56/2002-C.E., dated 14-11-2002. The adjudicating authority held that Cenvat credit of basic excise duty available to the party cannot be utilised for payment of education cess as per the provision of sub-rule 7(b) of Rule 3 of the Cenvat Credit Rules, 2004 which provides that the credit of education cess on excisable goods and education cess on taxable service can be utilised either for payment on education cess on excisable goods or for payment of education cess on taxable services. It was further held by the adjudicating authority that the respondents had circumvented the payment of....