2005 (3) TMI 290

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..... venue appeals on the same issue and they are taken up together for disposal as per law. The Notification No. 48/2000-C.E. (N.T.), dated 18-8-2000 restricts utilisation of Cenvat credit only to the extent of such credit available as on 15th day of the month of payment of duty relating to the first fortnight of the month, payable on 20th of the same month. The said Notification came into effect on 1 .....

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..... ed 18-8-2000 came into existence. Therefore, the Notification has got only prospective effect as held by the Commissioner (Appeals). The appellants have utilised the credit, which they have already earned for clearances made by them. Therefore, it cannot be held that utilisation of Cenvat credit by the assessee was incorrect and not in terms of law. The order passed by the Commissioner (Appeals) i .....

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