2007 (3) TMI 561

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..... aggrieved by the Order passed by the learned Commissioner (Appeals) on 29-6-2005 holding that CENVAT Credit can be utilised for discharge of liability of additional duty of excise. For such decision, it is the Revenue s submission that the learned Commissioner (Appeals) erred in law, since the CENVAT Credit available in the record related to a period prior to 24-3-03 while the additional duty of e .....

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..... on that Notification No. 18/2003-CE dated 13-3-2003 brought the amended Rules into force with effect from 1-4-2003 and for such amendment, sub-rule (3) of Rule 3 of the CENVAT Credit Rules, 2002 permitted an assessee to discharge the additional duty of excise-liability out of CENVAT Credit Account. In view of such a settled position by subordinating legislation, there is no occasion to interfere i .....

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