TaxTMI 
TaxTMI 
2017 (6) TMI 316
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....was fixed to be heard on 10.02.2017 and 20.03.2017, there was none for the appellant. On next date of hearing on 05.05.2017, the record shows that Sh. Aman Garg, Advocate had appeared and requested for an adjournment and last chance was given to the appellant to appear on 18.05.2017. The matter is of the year 2008, the same is therefore taken up with help of the Ld. A.R. for the Revenue as it appears that the appellant is not interested in prosecuting in their case 2. Ld. AR for the Revenue submits that the appellant has wrongly taken the Cenvat Credit in respect of the amount of CVD paid through DEPB. He submits that the bills of entries for which the Cenvat Credit has been availed pertained to year 2003 and the DEPB licence for which dut....
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.... Trade Policy. In the Explanation given in the same notification, Foreign Trade Policy has been defined as Foreign Trade Policy 2004-2009 published in the Notification of Govt. of India, Ministry of Commerce and Industries vide Notification No. 01/2004-09 dt. 31.08.2004. Relying on the same, the Board Circular dt. 21.10.2004 has also clarified that the said facility would be available only in respect of the licences issued under the new Foreign Trade Policy. It was also clarified in the said circular that licence under the previous policy would be governed by the provisions of earlier policy. 4. I find that the Ld. Commissioner (Appeals) has correctly and elaborately applied the legal provisions in Paragraph 8 and 8.1 of his order, which a....
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....t. 21.10.2004, changes in the DEPB Scheme were clarified as 6.1- One Significant amendment made in DEPB Scheme is that additional customs duty paid through debit under DEPB shall be allowed to the availed as CENVAT credit or duty drawback. Hitherto, the additional customs duty paid through debit under DEPB was not being allowed as CENVAT credit or duty drawback. To give effect to this policy decision, a provision has been made in the notification governing the imports under DEPB Scheme, viz., Notification No. 96/2004-Customs dt. 17.09.2004. However, it may be noted that this facility would be available only in respect of the licences issued under the new Foreign Trade Policy. Licences issued under the previous Policies would be governed by ....
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....-LB), Bloom Dekor Ltd. Vs. CCE 2004 (178) ELT 707 (Tri.-Mum.), CCE Vs. DCW Ltd. 2005 (192) ELT 548 (Tri.-Chennai) and CCE Vs. Deepak Spinners Ltd. 2005 (184) ELT 161 (Tri. Del.) has held that Modvat/CENVAT Credit is not available on the strength of Bills of entry wherein importers availed of a benefit of exemption notification and duty leviable on goods debited to DEPB. The ratio of these judgments is applicable in the present case also." 8(1). In the present case, the CVD was paid through DEPB on or before 21.11.2003 against the import licences issued under the earlier policy which was substituted w.e.f. 01.09.2004 with the new Foreign Trade Policy 2004-2009. In view of the legal position as discussed in para 8 above, the appellant s co....