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2015 (10) TMI 2077 - AT - Central ExciseDenial of CENVAT Credit - Held that:- With effect from 18.08.2000 the appellants could not have utilised the Cenvat credit available for the subsequent period for payment of duty of the earlier period. - In the case of Hindalco Industries Ltd. (2013 (12) TMI 698 - CESTAT MUMBAI), we find that the payment related to the fortnight i.e. 1.08.2000 to 15.08.2000 i.e. the fortnight was for the period prior to the amendment of the Rule 57AB, which is not the case here. The present case is relating to payment of duty relating to fortnight after the said Notification. - Appellant is required to pay the amount confirmed in the original order in cash. Appellant will however, be free to take credit of the equal amount in their records for future clearances. Keeping in view the overall facts of the case, penalty imposed under Rule 173C(1) is set aside - Decided partly in favour of assessee.
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