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TMI Blog2015 (10) TMI 2077X X X X Extracts X X X X X X X X Extracts X X X X ..... as allowed to use the Cenvat credit only to the extent that such credit as available on the last date of the month for payment of duty relating to second fortnight of the month. Thus in effect as per the Rule they were allowed to utilise the Cenvat credit available as on 31.08.2000 for payment of duty for the second fortnight i.e. on or before 05.09.2000. However, appellant did not follow the said proviso/Rule but paid the duty utilising the Cenvat credit which came to be available to them during 01.09.2000 to 05.09.2000. The case of the Revenue is that the said amount is required to be paid by the appellant in cash and not from the credit availed during 01.09.2000 to 05.09.2000. The case was adjudicated by the original authority as also by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r 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." Thus it is very clear 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. 6. We have gone through the judgments quoted by the ld. counsel. We find that in the case of CCE vs. Agni Steels Ltd. (supra), the Tribunal observed as under:- 3. We have carefully considered the submissions made by both sides. As can be seen from the impugned order, the assessee had already earned the Cenvat credit prior to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Hindalco Industries Ltd. (supra), 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. 7. In view of the said position, we do not find any merit in the appeal filed by the appellant. Appeal is dismissed. The 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 as the period pertains to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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