CESTAT Holds Basic Excise Duty Credit Can Be Used for NCCD Payment Prior to 2016 Restriction

Commissioner of CGST & Central Excise Vs Filatex India Limited (CESTAT Ahmedabad) In Commissioner of CGST & Central Excise Vs Filatex India Limited, the CESTAT Ahmedabad examined whether Cenvat Credit of basic excise duty (BED) could be utilised for payment of National Calamity Contingent Duty (NCCD) during the period prior to the restrictive amendments introduced in 2016. The respondent, M/s. Filatex India Ltd., was engaged in the manufacture of Polyester Oriented Yarn (POY) and Yarn Waste. Their final product, POY, attracted both basic excise duty and NCCD at the rate of 1%. The resp...