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2011 (3) TMI 1218 - CESTAT, MUMBAIDemand of duty cleared by utilising the CENVAT credit availed by them on molasses - Held that:- Undisputedly, the period involved is from September, 2001 to December, 2001. The CENVAT Credit Rules, 2001 which came into force from 21/06/2001 under Rule 3(3) clearly provided that the CENVAT credit may be utilized for payment of any duty of excise on any final products or for payment of duty on inputs or capital goods themselves if such inputs are removed as such or after being partially processed, or such capital goods are removed as such provided that while paying duty, the CENVAT credit shall be utilised only to the extent such credit is available on the fifteenth day of a month for payment of duty relating to the first fortnight of the month, and the last day of a month for payment of duty relating to the second fortnight of the month or in case of a manufacturer availing exemption by notification based on value of clearances in a financial year, for payment of duty relating to the entire month. Revenue Appeal dismissed.
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