2008 (8) TMI 735

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...., DR, for the Respondent. [Order]. -  This appeal by the assessee is directed against the order of the Commissioner (Appeals) dismissing the appellant's appeal which was directed against the order of the Assistant Commissioner by which the order of the Deputy Commissioner directing the appellant to pay duty from account current only on consignment basis for the period from 19-12-2001 to....

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....ommissioner of Central Excise or the Deputy Commissioner of Central Excise, as the case may be, in this regard or till such date on which all dues are paid, whichever is later, and during this period the asessee shall be required to pay excise duty for each consignment by debit from the account current and in the event of any failure, it shall be deemed that such goods have been cleared without pa....

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....notification the words "notwithstanding anything contained in sub-rule (4) of Rule 3 of Cenvat Credit Rules, 2004" were inserted after the words "and during this period" and before the words "the assessee shall be required to pay". After the amendment, it is submitted, Rule 3(4) of the Cenvat Credit Rules having been excluded, the assessee has no option but to pay excise duty for each consignment ....

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....of the instalment facility, in case of default, the assessee is required to pay excise duty from the current account and he cannot utilize the Cenvat credit under Cenvat Credit Rules for the same. However, the decisions are by Single Member Benches and in view of the decision of the Larger Bench in Noble Drugs Limited (supra) cannot be said to have correctly laid down the law. The Larger Bench in ....