9911796707
TMI Blog2013 (12) TMI 698X X X X Extracts X X X X X X X X Extracts X X X X ..... hed products manufactured by them in terms of Rule 57AB of the Central Excise Rules, 1944 during the year 2000. Clause (b) in sub-rule (1) of Rule 57AB reads as follows:- "(b) The CENVAT credit may be utilized for payment of any duty of excise on any final products manufactured by the manufacturer or for payment of duty on inputs or capital goods themselves if such inputs are removed as such or after being partially processed, or such capital goods are removed as such." Notification No. 48/2000-CE dated 18.8.2000 inserted the following proviso in clause (b) of sub-rule (1) of Rule 57AB:- "Provided that while paying duty in the manner specified under sub-rule (1) of rule 49 or sub-rule (1) of rule 173G, as the ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation is effective only prospectively. Therefore, whatever credit accrued to them prior to 18.8.2000 i.e. on 16 th & 17 th August,2000 could be utilized by the appellant for payment of duty for the first fortnight of August, 2000. He also relies on the decision of the Tribunal in the case of Commissioner of Central Excise, Calicut Vs. Agni Steels Ltd. - 2005 (188) ELT 35 (Tri-Bang), wherein it was held that Notification No. 48/2000 has only prospective effect and, therefore, the appellant could have utilized CENVAT Credit earned by them prior to issue of the said notification. Accordingly, he pleads for allowing the appeal by setting aside the impugned order. 4. The learned Additional Commissioner (AR) appearing for the Revenue, on the oth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 17 th August, 2000 for payment of duty for the first fortnight of the month. However, this amounts to only advance utilization of credit, inasmuch as there is no dispute that the appellant was entitled for the credit taken on 16 th & 17 th of August. For such advance utilization of credit, the appellant shall be liable to pay only interest on the credit utilized the credit earned on 16 th & 17 August, 2000 for payment of duty w.e.f. from 1.9.2000 onwards. 5.2 Inasmuch as the appellant has utilized the credit on 19.8.2000, the appellant is liable to pay interest on the wrong utilization for the period from 19.8.2000 to 31.8.2000. Since the rule provides for payment of interest @ 24% the said rule shall apply. Therefore, the confirmation of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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