TMI Blog2014 (8) TMI 363X X X X Extracts X X X X X X X X Extracts X X X X ..... Income Tax letter as well as the company has been declared layoff, there is no means to pay further amount as predeposit - Held that:- Karnataka High Court in the case of Manjunatha Industries Ltd. (2013 (4) TMI 534 - KARNATAKA HIGH COURT) held that in the case of default of discharging monthly duty, provisions of Rule 8(3A) of Central Excise Rules for utilizing CENVAT account amount is not with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f duty of ₹ 11,11,194/- along with interest and penalty being the Central Excise duty involved the clearance of goods during the period March 2011 to July 2011 which to be paid in cash/PLA under Rule 8 (3A) of the Central Excise Rules, 2002. 2. The learned counsel on behalf of the applicant submits that the applicant already reversed the entire amount from CENVAT account which is in conso ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ase of Manjunatha Industries Vs. CCE 2013 TIOL-285-HC-KAR wherein it has been held that in case of default payment of duty under Rule 8(3A) of the Central Excise Rules, 2002, the assessee has to pay the excise duty through account current for each consignment at the time of removal. The Hon'ble Court upheld the stay order passed by the Commissioner (Appeals). He further relied upon the decis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with reference to arrears for the entire credit lying in the account. It is observed that the assessee has to pay excise duty through account current for each consignment at the time of removal. Hence the applicant is required to pay the duty by cash/PLA in respect of duty for the defaulting period. After considering the submission of the learned counsel that the applicant-company is incurring hug ..... X X X X Extracts X X X X X X X X Extracts X X X X
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