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TMI Blog2008 (9) TMI 635X X X X Extracts X X X X X X X X Extracts X X X X ..... Adjudicating Authority in the impugned order held that the applicants are to pay the amount in dispute from the current account and after payment they can take credit in the Cenvat account. In these circumstances, we find no merit in the contention of applicant in respect of waiver of pre-deposit of duty amount - pre-deposit of penalty is waived. - E/1630/2008 - 925/2008-EX(PB) - Dated:- 2-9-200 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hen notwithstanding anything contained in said sub-rule (1) and sub-rule (4) of rule 3 of CENVAT Credit Rules, 2004, the assessee shall, pay excise duty for each consignment at the time of removal, without utilizing the CENVAT credit till the date the assessee pays the outstanding amount including interest thereon; and in the event of any failure, it shall be deemed that such goods have been clear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment from the Cenvat credit where the goods were cleared on consignment basis during the default is valid payment. We find that the decision of Hon ble Bombay High Court is in respect of un-amended Rule. The period in dispute in the present case is covered by the Central Excise Rules, 2002 is amended w.e.f. 1-6-2006, whereby the payment on Cenvat account is prohibited during the period of defaults ..... X X X X Extracts X X X X X X X X Extracts X X X X
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