2003 (4) TMI 423

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....00 as per Commissioner's letter C. No. IV/16/34/2000-Tech, dtd. 28-2-2000. Consequently, despatches were effected on payment of appropriate duty on 29-2-2000 at the rate of BED 24% + SED 6%. All these removals were after 11AM on the Budget day. 2. By virtue of Union Budget 2000-2001 Notfn. No. 7/2000-C.E. (N.T.), dtd. 1-3-2000, the rate of Cenvat duty (Basic Excise Duty) on Tyres, Tubes and Flaps falling under Chapter Sub-heading Nos. 4011.90, 4013.90 and 4012.19 respectively was revised to 16% and Special Duty of Excise was revised from 6% to 16% as per Second Schedule to the Central Excise Tariff Act with effect from 1-3-2000 on the goods falling under the above Tariff Sub-headings. 3. They were required to pay the duties ....

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....y, that may be applicable to such goods with effect from the date immediately following the date aforesaid and to comply with such conditions as the Central Government may specify and thereupon the Central Government may, if it considers it necessary or expedient in the public interest so to do, permit the removal of such goods." and the clearances were made by the appellant in terms of the 'undertaking' tendered by them pursuant to the above rule. (b)     On the interpretation of Rule 224(2A), Revenue relies upon the two decisions : - (i)     Manglam Cement Ltd. v. CCE, Jaipur [1999 (105) E.L.T. 463 (Trib.)] (ii)    CCE, Raipur v. Universal Cables Ltd. [2000 (118) E.L.T.&nb....