M/S.Stanadyne Amalgamations Pvt. Ltd vs Commissioner Of Central Excise on 14 February, 2017
Commissioner of Central Excise
15/30
case and considered the submissions of the
appellants. The adjudicating authority has
confirmed the demand on the ground that Rule 3
of Cenvat Credit Rules 2002 nowhere mentions of
taking credit of amount equal to Central Excise
Duty and therefore, the disputed amount being
an amount equal to excise duty is not eligible to
be availed by the appellants. The contention of
the appellants in this regard is that from plain
reading of para 8 of the Notification No.22/2003-
C.E. and para 6.20 of Chapter 6 of Export Import
Policy 2002-07 and para 29.1 of Appendix 14.1;
to the Handbook of Procedure, 2002-07, it is
sufficient to prove that the 100% EOU at the time
of debonding is bound to pay Central Excise duty
on the indigenously procured capital goods; that
if the above said paras of Export Import Policy
and Handbook of Procedure are read together
with para 8 of Notification No.22/2003-C.E., it
can be realized that they have correctly availed
the credit of the said Central Excise duty. In this
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Judgt.