2004 (10) TMI 167

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....al, Member (T)]. - M/s. Ghaziabad Organics Ltd. are challenging the confirmation of demand and imposition of penalty by this Appeal. 2. Shri Bipin Garg, learned Advocate mentioned that the Appellants manufacture excisable goods falling under Chapter 29 of the Schedule to the Central Excise Tariff Act and discharged the duty liability on fortnightly basis under the Central Excise Rules; that the....

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....nth and not on 20th of the month; that similarly payment of duty for the second fortnight from Cenvat credit account cannot exceed the balance of the last day of the month; that in the first fortnight of January, 2001, they had paid the duty amounting to Rs. 3,34,840/- out of Cenvat credit earned after 15th of January, 2001; that they had paid the duty by debiting Cenvat credit wrongly to the foll....

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....t account. He therefore contended that they are liable to pay only Rs. 3,34,840/- and not the entire amount confirmed against them. 3. Learned Advocate has submitted written submissions in which it has been mentioned that there was a factual mistake in the arguments advanced during the hearing; that the Department has infact calculated the demand of duty for subsequent fortnights after adjustin....

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.... contained in the impugned order and emphasised that as the duty has been paid out of the Cenvat credit which was not permissible to them, they are liable to discharge the duty in cash. 5. We have considered the submissions of both the sides. In view of the written submissions made by the Applicants in which they have admitted that the total overdrawal by them was Rs. 10,30,893/- which is payab....