9911796707
TMI Blog2009 (3) TMI 204X X X X Extracts X X X X X X X X Extracts X X X X ..... also seeking declaration that petitioner no.l industry is entitled to utilise CENVAT credit for payment of Central Excise duty on clearance of final products for the relevant period. 3. Shri Bhangde, learned Senior Counsel for the petitioners, submitted that petitioner No. 1 is a limited Company and petitioner No. 2 is one of the shareholders of the petitioner No. 1 Company. The petitioner No. 1 Company manufactures hot rolled coil, hot rolled plates, cold rolled sheets, cold rolled coils, galvanised coils, galvanised plain sheets and galvanised corrugated sheets, which are excisable goods falling under Chapter 72 of the Central Excise Tariff. 4. Learned Senior Counsel Shri Bhangde contended that prior to 1-1-2000, Rule 9 read with Rule 4 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... PLA and not to use CENVAT credit for the said purpose. All these communications are impugned in the present petition. 6. Learned Senior Counsel Shri Bhangde submitted that this Court vide order dated 13.2.2001 admitted the petition and permitted petitioners to utilise CENVAT credit for payment of Central Excise duty on clearance of final products. It was further submitted that during pendency of the petition, question involved in the present matter, i.e. "whether petitioners are entitled to use CENVAT credit for payment of Central Excise duty" has been answered in favour of the assessee by the Division Bench of Kerala High Court vide judgment dated 26-10-2005 rendered in the case of Thanikkudam Bagawati Mills Ltd. v. The Commissioner of Ce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on stands covered and concluded by the decisions of the Kerala High Court as well as larger Bench of the Tribunal, which have reached finality, it is not necessary for us to re-consider the same, particularly when the learned Assistant Solicitor General has specifically admitted that the law laid down by the Kerala High Court, followed by the larger Bench of the Tribunal, squarely applies to the case of the petitioners. Therefore, we quash and set aside the impugned communications dated 8-1-2001, 22-1-2001 and 29-1-2001 issued by the respondent Nos. 4 and 5 and declare that the petitioner No. 1 was entitled to utilise the CENVAT credit for payment of Central Excise duty on the clearance of final products for the relevant period. 11. The ru ..... X X X X Extracts X X X X X X X X Extracts X X X X
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