Cenvat Credit of Clean Energy Cess not available

J.K. Lakshmi Cement Ltd. Vs Commissioner of Central Excise & Central Goods & Service Tax (CESTAT Delhi)

CESTAT Delhi held that proviso to Rule 3(4) of Cenvat Credit Rules specifically debars the payment of Clean Energy Cess by use of cenvat credit taken under Rule 3(1) of Cenvat Credit Rules. Accordingly, intent of legislation is very clear not to allow the cenvat credit of Clean Energy Cess.

Facts-

The issue involved in these appeals including the cross objections filed by the assessee is whether the appellant /assesses have rightly taken cenvat credit of ‘Clean Energy Cess’, which was levied under Section 83 of Finance Act, 2010 read with Notification No.2/2010-CEC dated 22.06.2010 read with Clean Energy Cess Rules, 2016. Further, ‘Clean Energy Cess’ was discontinued and a new Cess in the name of ‘Clean Environment Cess’ was introduced w.e.f. 14.05.2016 vide Section 235 of Finance Act of 2016.

Conclusion-

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