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2015 (10) TMI 2077 - CESTAT MUMBAI

2015 (10) TMI 2077 - CESTAT MUMBAI - TMI - Denial 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 c .....

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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 05.09.2000. As per Rule 57AB(1)(b) as amended vide Notification 48/2000-CX (NT) dated 18.08.2000 the appell .....

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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 first appellate authority. Aggrieved by the said order, appellant are before us. 2. Ld. counsel for the appellant submits the following case laws in support of his contention that all that is required is to demand the interest for the above sai .....

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d 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 ( .....

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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 the Notif .....

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