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TMI Blog2011 (2) TMI 1087X X X X Extracts X X X X X X X X Extracts X X X X ..... nt of duty on drawn wire for the period of amendment. The sum paid by the wire drawing unit in such cases will be treated as duty and shall be allowed as credit to the buyer of drawn wire, in terms of the amendment. This amendment would not create any additional liability on any wire drawing unit which did not pay duty on drawn wire during the period of amendment - demands are not sustainable in the light of said Circular No. 831/8/2006-CX dated 26th July, 2006 - appeal filed by the Revenue is rejected. - E/3443/04, 1409/05 and 1752/05 - Mum - - - Dated:- 3-2-2011 - Shri. Ashok Jindal, Shri. P.R. Chandrasekharan, JJ. Appearance Shri Aqeel Sheerazi, Advocate for appellant Shri S.S. Katiyar, SDR For Respondent Per : A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eal No. E/1409/05 for the period October 2003 to July 2004 and in Appeal No. E/1752/05 for May 2003 to Jun 2004. The same were adjudicated and demands were confirmed against the appellants. On appeal before the Commissioner (Appeals) in Appeal No. E/1752/05, the Commissioner (Appeals) allowed the claim of the assessee by setting aside the demands confirmed by the adjudicating authority. Aggrieved by the said orders the assessee is before us in Appeals No. E/3443/09 and E/1409/05 and the Revenue in Appeal No. E/1752/05. 3. The learned Advocate appearing on behalf the appellants submits that as per the Taxations Laws (Amendment) Act, 2006 - Rule 16 of the Central Excise Rules, 1944 was retrospectively amended for the period 29th May 2003 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6 is aimed at facilitating 'wire drawing units', which had paid a sum equal to the duty leviable on 'drawn wire' after availing the credit of duty paid on inputs for the said period. It is aimed at regularizing availment of credits two stages and payment of an amount representing duty at one stage. The purpose of the amendment is to regularise credit taken at the input stage (on wire-rod), credit taken by the downstream user of 'drawn wire' and the amount paid as central excise duty on clearance of drawn wire. In other words, wire drawing units, which had paid a sum equal to duty leviable on drawn wire, would be eligible to avail the credit of duty paid on inputs and utilize the same for payment of duty on drawn wire for the period of am ..... X X X X Extracts X X X X X X X X Extracts X X X X
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