2009 (3) TMI 204

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....ise Range Wardha. The petitioners are also seeking declaration that petitioner no.l industry is entitled to utilise CENVAT credit for payment of Central Excise duty on clearance of final products for the relevant period. 3. Shri Bhangde, learned Senior Counsel for the petitioners, submitted that petitioner No. 1 is a limited Company and petitioner No. 2 is one of the shareholders of the petitioner No. 1 Company. The petitioner No. 1 Company manufactures hot rolled coil, hot rolled plates, cold rolled sheets, cold rolled coils, galvanised coils, galvanised plain sheets and galvanised corrugated sheets, which are excisable goods falling under Chapter 72 of the Central Excise Tariff. 4. Learned Senior Counsel Shri Bhangde contended that ....

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....duty in cash, i.e. by making debit entry in PLA and not to use CENVAT credit for the said purpose. All these communications are impugned in the present petition. 6. Learned Senior Counsel Shri Bhangde submitted that this Court vide order dated 13.2.2001 admitted the petition and permitted petitioners to utilise CENVAT credit for payment of Central Excise duty on clearance of final products. It was further submitted that during pendency of the petition, question involved in the present matter, i.e. "whether petitioners are entitled to use CENVAT credit for payment of Central Excise duty" has been answered in favour of the assessee by the Division Bench of Kerala High Court vide judgment dated 26-10-2005 rendered in the case of Thanikkudam....