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TMI Blog2014 (11) TMI 328X X X X Extracts X X X X X X X X Extracts X X X X ..... led CENVAT credit on inputs and capital goods. They cleared the CENVAT availed inputs and capital goods 'as such' under the cover of invoice as prescribed under the Central Excise Rules, 2002 on payment of an amount equal to the CENVAT availed under Rule 3(4) of the CENVAT Credit Rules, 2002 / Rule 3(5) of the CENVAT Credit Rules, 2004. They debited the amounts in terms of Rule 8 of the Central Excise Rules, 2002 on the 5th day of the following month during which the said clearance was made instead of on the actual date of clearance. The adjudicating authority demanded interest under Section 11AB of the Central Excise Act, 1944 from the date of actual clearance and the date of reversal of the credit. Commissioner (Appeals) set aside the adj ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... LT 169 (Tri- Chennai) has held that: After examining the records and hearing both sides, I find that the assessee, during the material period, was paying duty on their goods on a fortnightly basis in terms of Rule 8 of the Central Excise Rules, 2002. According to the fortnightly system of duty payment, the duty for the first fortnight of a calendar month is to be paid on or before the 20th day of that month and that for the second fortnight of the month is required to be paid on or before the 5th day of the succeeding month. On a conjoint reading of the relevant Rules, it is clear that this facility is available not only in respect of final products but also in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct, 1994 on the ground that if the duty of excise has not been paid or has been short paid, the person liable to pay duty, has to pay interest on such belated payment. xxxxxx xxxxx xxxx xxxxx 12. Therefore, the expression 'on the date of such removal is referable to the rate applicable to such goods and it cannot be understood to mean that the duty should be paid at the time of removal in terms of substituted provisions. The expression 'on the date of such removal' stands deleted in the new sub-rule (4) to Rule 3 of CENVAT Credit Rules, 2002, as cited supra. 13. Rule 8 of the CENVAT Credit Rules, 2002, deals with a manner of payment of duty and it states that (1) The duty on the goods removed from the factory or the warehouse during a mo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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