https://www.taxtmi.com/caselaws?id=116321 Credit under Rule 3(3) of the Cenvat Credit Rules, 2002 can be used only to the extent available for the relevant duty period, so credit earned after removals cannot be applied to clearances alleged to have occurred earlier. Where duty is said to arise from clandestine removals made before the credit accrued, a later debit in the Cenvat account does not constitute valid discharge of that duty. The balance duty therefore had to be paid through PLA, after which the earlier Cenvat debit could be reversed. The amount deposited towards penalty was treated as sufficient for pre-deposit under Section 35F. en-us Thu, 26 May 2005 00:00:00 +0530 Mon, 11 Jun 2012 13:58:50 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=116321 Credit under Rule 3(3) of the Cenvat Credit Rules, 2002 can be used only to the extent available for the relevant duty period, so credit earned after removals cannot be applied to clearances alleged to have occurred earlier. Where duty is said to arise from clandestine removals made before the credit accrued, a later debit in the Cenvat account does not constitute valid discharge of that duty. The balance duty therefore had to be paid through PLA, after which the earlier Cenvat debit could be reversed. The amount deposited towards penalty was treated as sufficient for pre-deposit under Section 35F. Case-Laws Central Excise Thu, 26 May 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=116321