TMI Blog2015 (10) TMI 2077X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. - Appeal No. E/1480/05- Mum - - - Dated:- 14-9-2015 - Shri P.K. Jain, Member (Technical) And Shri S. S. Garg, Member (Judicial) Shri R.S. Paranjape, CA : For The Petitioner Shri Ajay Kumar, Jt. Comm (AR) : For The Respondent ORDER Per: P.K. Jain: The brief facts of the case are that the appellant was paying excise duty on fortnightly basis. For the payment relating to the fortnight 16.08.2000 to 31.08.2000, appellant was required to pay the duty on or before 05.09.20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of that fortnight can only be utilised. However, the rules were not specific. In order to remove ambiguity the said amendment was carried out and after the said amendment there could be no doubt whatsoever that the appellant was required to utilise the Cenvat credit only up to the last day of the fortnight. He submitted that in view of the said position, appellant are required to pay the amount in cash. 4. We have considered the submission made by both sides. 5. We find the proviso to Rule 57AB read as under: Provided that while paying duty in the manner specified under sub-rule (1) of rule 49 or sub-rule (1) of rule 173G, as the case may be, the CENVAT credit shall be utilized only to the extent such credit is available on the f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a), the Tribunal observed as under:- 2. We find that? the Rules were amended by Notification 48/2000-C.E. (N.T.) dated 18th August, 2000 which restricted utilization of credit to the amounts available only up to fifteenth day of a month and up to the last day of a month for paying duty for the first and second fortnights respectively. Such amendment is effective only from 18-8-2000 prospectively as has been held by the Tribunal earlier in the case of Commissioner of Central Excise, Calicut v. Agni Steels Ltd. - 2005 (188) E.L.T. 35 (Tri.-Bang.). Hence, such restriction cannot be applied in the instant case for duty payments which have been made prior to 18-8-2000. Accordingly, we hold that the order passed by the authorities below are ..... X X X X Extracts X X X X X X X X Extracts X X X X
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