9911796707
TMI Blog2009 (1) TMI 165X X X X Extracts X X X X X X X X Extracts X X X X ..... unit - appellants submitted that the demand was time-barred - as the monthly return had been filed for clearances of excisable goods and use of Cenvat credit for the month April 2003 in time, the appellants had kept the department informed of the impugned clearance - contention accepted - demand raised in 2005 is held as time barred - E/753/2006 - 84/2009 - Dated:- 16-1-2009 - Shri P. Karthike ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e goods was demanded along with applicable interest under Rule 12 of CCR read with Section 11A and Section 11AB of the Central Excise Act '44 (the Act). Equal amount of penalty was imposed on the appellant under Rule 13 of CCR read with Section 11AC of the Act. 2. Reiterating the main ground taken in the appeal, the ld. Counsel for the appellants submitted that the demand was time-barred. As t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irregularly availed Cenvat credit and interest was in accordance with law and deserved to be sustained. 4. I have studied the records and the submissions. Rule 3(4) of CCR provided for utilization of Cenvat credit, inter alia, for payment of an amount equal to the CENVAT credit taken on capital goods if such capital goods are removed as such. As per Rule 3(4) of CCR, duty payable on removal o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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