9911796707
TMI Blog2002 (2) TMI 1178X X X X Extracts X X X X X X X X Extracts X X X X ..... ons of the said Rule, the assessees were entitled to transfer the Special Excise Duty paid on the inputs on or prior to 28-2-93 to their Basic Excise Duty head and to utilise the same within a period of one year i.e. up to 31-3-94. The appellants moved an application to their jurisdictional Assistant Commissioner on 8-3-94 seeking his permission to transfer the Special Excise duty to Basic Excise Duty head. Subsequently, they also approached the Superintendent of Central Excise for grant of permission in respect of the transfer of the credit of the Special Excise Duty to Basic Excise Duty on 31-3-94. Not receiving any reply from the said authority, the appellants transferred the amount to their own. 2. Based upon the above facts, a show c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sion, they would have utilised such credit towards the payment of Basic Excise duty in the month of March, 1994 itself and well before 31-3-94. He submits that during March, 1994, they had paid duty to the extent of Rs. 25.29 lakhs from their PLA. He submits that the fault lies with the Revenue and they could be made to liable for the delay on the part of the Assistant Commissioner to grant the permission 4. Shri T.K. Kar, ld. SDR appearing for the Revenue, submits that the provisions of Rule 57F(8) clearly stipulates that the credit of Special Excise Duty is required to be utilised towards the payment of Basic Excise Duty on the final product cleared prior to 31-3-94. Inasmuch as the appellants have utilised the credit after the said dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s application in time, the appellants would have in a position to utilise the transferred credit before 31-3-94. It is on record that a substantial amount of duty was paid by them out of their PLA in the month of March, 1994. The reasoning of the Assistant Commissioner that by filing the application on 8-3-94, the appellant has not given sufficient time by the Revenue to decide the said application is not in accordance with the provisions of law inasmuch as there is no last date fixed either by rule or by any trade notices to move such application before the proper officer. The Assistant Commissioner has himself observed that neither of the trade notices, especially mentioned any date whatsoever as the last date of filing of application bu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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