2005 (9) TMI 344

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.... Agarwal, Advocate, for the Appellant. Shri S. Das, SDR, for the Respondent. [Order per : S.S. Kang, Vice-President]. - Heard both sides. 2. Applicants filed this application for waiver of pre-deposit of duty of Rs. 2,08,48,009/-. The demand was confirmed on the ground that the applicants had wrongly utilized the credit taken in respect of Additional Excise Duty (AED) paid on Rubb....

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....eviable under the First Schedule or the Second Schedule of the Central Excise Tariff Act, 1985. The contention of the applicants is that the Board has issued a Circular dated 6-3-2003 to this effect. The contention is also that the applicants have paid duty and have taken CENVAT Credit. In the appeal filed before the Hon'ble Supreme Court, the submission was made that duty had been paid and credit....

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....at no doubt that doubt that duty was paid in 2004, but the duty was paid in respect of the period 1997. Therefore, they cannot take advantage of this situation and in view of the explanation to the Finance Act, 2004, the applicants are not entitled to utilize the same towards payment of excise duty. 6.  We find the admitted facts are that the AED was paid in the month of Jan. 2004 and util....