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    <title>2001 (2) TMI 150 - HIGH COURT OF JUDICATURE AT BOMBAY</title>
    <link>https://www.taxtmi.com/caselaws?id=47305</link>
    <description>The dominant issue was whether a manufacturer, having defaulted and thereby forfeited the facility of periodic duty payment under the relevant Central Excise Rules, could nonetheless discharge excise duty on clearance of final products by utilising CENVAT credit instead of debiting the account current. The HC noted that the Rules require payment for each consignment by debit to the account current during the forfeiture period, but also accepted the undisputed position that duty liability can be discharged either by account current or by CENVAT credit, and relied on the CBEC circular dated 20-01-1998 treating CENVAT credit utilisation as equivalent to payment through account current. Consequently, the petitioner was held prima facie entitled to utilise CENVAT credit for payment of excise duty.</description>
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    <pubDate>Tue, 13 Feb 2001 00:00:00 +0530</pubDate>
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      <title>2001 (2) TMI 150 - HIGH COURT OF JUDICATURE AT BOMBAY</title>
      <link>https://www.taxtmi.com/caselaws?id=47305</link>
      <description>The dominant issue was whether a manufacturer, having defaulted and thereby forfeited the facility of periodic duty payment under the relevant Central Excise Rules, could nonetheless discharge excise duty on clearance of final products by utilising CENVAT credit instead of debiting the account current. The HC noted that the Rules require payment for each consignment by debit to the account current during the forfeiture period, but also accepted the undisputed position that duty liability can be discharged either by account current or by CENVAT credit, and relied on the CBEC circular dated 20-01-1998 treating CENVAT credit utilisation as equivalent to payment through account current. Consequently, the petitioner was held prima facie entitled to utilise CENVAT credit for payment of excise duty.</description>
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      <pubDate>Tue, 13 Feb 2001 00:00:00 +0530</pubDate>
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