TMI Blog2008 (8) TMI 735X X X X Extracts X X X X X X X X Extracts X X X X ..... This appeal by the assessee is directed against the order of the Commissioner (Appeals) dismissing the appellant s appeal which was directed against the order of the Assistant Commissioner by which the order of the Deputy Commissioner directing the appellant to pay duty from account current only on consignment basis for the period from 19-12-2001 to 18-2-2002 was upheld. 2. The appellants w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... till such date on which all dues are paid, whichever is later, and during this period the asessee shall be required to pay excise duty for each consignment by debit from the account current and in the event of any failure, it shall be deemed that such goods have been cleared without payment of duty and the consequences and penalties as provided in these rules shall follow . As circumstances woul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... were inserted after the words and during this period and before the words the assessee shall be required to pay . After the amendment, it is submitted, Rule 3(4) of the Cenvat Credit Rules having been excluded, the assessee has no option but to pay excise duty for each consignment by debiting from the current account. The amendment being prospective, in force from 1-4-2005, the case of the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he cannot utilize the Cenvat credit under Cenvat Credit Rules for the same. However, the decisions are by Single Member Benches and in view of the decision of the Larger Bench in Noble Drugs Limited (supra) cannot be said to have correctly laid down the law. The Larger Bench in fact decided the issue in the light of a decision of the Kerala High Court. The Bombay High Court has taken the same view ..... X X X X Extracts X X X X X X X X Extracts X X X X
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