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TMI Blog2009 (3) TMI 189X X X X Extracts X X X X X X X X Extracts X X X X ..... s prior to 1-4-2000 and credit was utilized towards payment of basic excise duty on 1-4-03 and these facts are not in dispute. Relevant Rule was amended retrospectively on 10-9-04 to the effect that the credit of Additional Excise Duty taken before 1-4-2000 cannot be utilized towards payment of basic excise duty. In view of this retrospective amendment, we find no merit in the appeal. - E/375/200 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellants paid basic excise duty for clearances on 1-4-2003 from the credit of additional excise duty. Revenue disallowed the same. 4. The case of the Revenue is that as the credit of additional excise duty was availed from 1-4-2000 therefore, the same cannot be utilized for payment of basic excise duty even after 1-3-03. 5. The contention of appellant is that the utilization of credit in res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xcise duty in respect of the goods cleared even after 1-3-03. The contention is that admittedly the credit was availed prior to 1-4-2000. Therefore, as per the provisions of relevant Rules, the same cannot be utilized towards payment of basic excise duty. 7. We find that credit was availed in respect of Additional Excise Duty paid on inputs prior to 1-4-2000 and credit was utilized towards payme ..... X X X X Extracts X X X X X X X X Extracts X X X X
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