TIOL-DDT 2777 · Tuesday, 2 February 2016 · story 4 of 7

Sagacious Circular

BOARD deserves all praise for this clear precise circular. The Circular clearly enunciates the issues and offers precise workable solutions. What comes out as a whiff of fresh air from the suffocated babudom is the emphatic expression the Board uses in conveying guidance to the field. See the authoritative affirmations like:

1. Show Cause Notice denying Cenvat Credit of CVD paid voluntarily by the importers at the time of import is not warranted.

2. It is well settled position in law that a buyer may avail Cenvat Credit, if supplier has paid duty.

3. in future such Show Cause Notices may not be issued.

4. This beneficial amendment of deleting proviso to rule 3(i)(vii) of CENVAT Credit Rules, 2004 has been done retrospectively with effect from 01.03.2015.

This is the way Board should issue Circulars. However, in an otherwise well drafted circular, there is a small discordant note. The subject of the Circular reads as - "Inclusion of show cause notice's issued in relation to levy of CVD...".

That unwanted apostrophe should have been avoided. Last time I pointed out about this kind of apostrophic abuse (), an AR in the Tribunal sent me a message,

"what is your fixation on apostrophe?

-

one of the AR's."

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