LAWS(CE)-2010-1-151

CCE Vs. WELKIN POLYMERS (P) LTD.

Decided On January 22, 2010
CCE Appellant
V/S
Welkin Polymers (P) Ltd. Respondents

JUDGEMENT

(1.) THIS is an appeal by the Department against the order of the Commissioner (Appeals) No. 331(MPM)/CE/JPR -I/04 dated 18.10.2004. Cross objection No. CO/60/05 -SM is connected to this appeal.

(2.) HEARD both sides.

(3.) LD . SDR submits that the respondent is eligible to take credit of CVD portion of customs duty equivalent which was actually paid by the respondent. He also submits that the decision of the Larger Bench in the case of Vikram Ispat reported in : 2000 (120) ELT 800 (T -LB) was issued in the context of Notification No. 2/95 -CE read with Notification No. 5/94 -CE issued under Rule 57A of the Central Excise Rules. The present case involves interpretation of Notification No. 2/95 -CE in the context of Cenvat Credit Rules, 2001.