2008 (9) TMI 219

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....ent. [Judgment]. - Petitioner is a manufacturer of tyres and has one unit in Perambra. Tyres are eligible to excise duty under the Central Excise Act, 1944. One of the raw materials used in the manufacture of tyres is Nylon Tyre Cord Fabric. Apparently, the said product, apart with the duty under the Act also suffers Additional Excise Duty and it is the case of the petitioner that earlier the c....

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..... Obviously the question arose as to whether the credit for the AED-GSI taken prior to 1-4-2000 and utilized for the payment of basic excise duty prior to the amendment effected by the Finance Act of 2004, had to be reversed. In other words, whether the credit for the AED-GSI taken prior to 1-4-2000 could be utilized for the payment of basic excise duty which fell due prior to the amendment brough....

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...., according to the Department, has been wrongly taken credit of by the petitioner for discharge of the liability to basic excise duty on manufacture of tyres. It is contended by the Department that credit was earlier wrongly availed of by the petitioner and it was only after proceedings were taken against the petitioner, that the amount was actually recovered from him, and it is not open to the pe....