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TMI Blog2004 (10) TMI 167X X X X Extracts X X X X X X X X Extracts X X X X ..... the confirmation of demand and imposition of penalty by this Appeal. 2. Shri Bipin Garg, learned Advocate mentioned that the Appellants manufacture excisable goods falling under Chapter 29 of the Schedule to the Central Excise Tariff Act and discharged the duty liability on fortnightly basis under the Central Excise Rules; that the scrutiny of the returns for the period January, 2001 to March, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the second fortnight from Cenvat credit account cannot exceed the balance of the last day of the month; that in the first fortnight of January, 2001, they had paid the duty amounting to Rs. 3,34,840/- out of Cenvat credit earned after 15th of January, 2001; that they had paid the duty by debiting Cenvat credit wrongly to the following extent in the subsequent fortnights : (1) For the fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... em. 3. Learned Advocate has submitted written submissions in which it has been mentioned that there was a factual mistake in the arguments advanced during the hearing; that the Department has infact calculated the demand of duty for subsequent fortnights after adjusting first overdrawal of Rs. 3,34,840/- He has, further, submitted that the overdrawal was not made by the Appellants with a mala f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to them, they are liable to discharge the duty in cash. 5. We have considered the submissions of both the sides. In view of the written submissions made by the Applicants in which they have admitted that the total overdrawal by them was Rs. 10,30,893/- which is payable by them in cash, we upheld the demand of duty. As the Appellants had removed the excisable goods by debiting the duty from Cenv ..... X X X X Extracts X X X X X X X X Extracts X X X X
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