TMI Blog2014 (8) TMI 138X X X X Extracts X X X X X X X X Extracts X X X X ..... d the default continues for period of 30 days from the due date, the appellant is prohibited from utilizing the CENVAT Credit for the purpose of payment of duty in respect of the subsequent clearances. In view of this legal provision, the appellant could not have utilized CENVAT Credit to the extent confirmed in the impugned order. Therefore, the appellant has not made out a case for waiver of pre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 26.2.2014 passed by the Commissioner of Central Excise, Nagpur. Vide the impugned order, the learned Commissioner has confirmed a Central Excise duty demand of ₹ 55,04,474/- for the period June, 2012 to December, 2012 being the ineligible CENVAT Credit wrongly utilized for clearance of goods. He has also ordered for recovery of interest and imposed penalties amounting to ₹ 1,19,12,357 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ad). In these decisions, it has been held by the Hon'ble High Courts that during the period of default, there is no provision for utilization of CENVAT Credit and the goods have to be cleared on payment of duty in cash and utilization of CENVAT Credit is a nullity during the default period. 4. We have carefully considered the submissions made. 4.1 As already held by the Hon'ble High ..... X X X X Extracts X X X X X X X X Extracts X X X X
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