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2008 (2) TMI 698 - CESTAT, KOLKATACenvat credit - sub-rule 3A of Rule 8 of the Central Excise Rule, 2002 - Held that: - the appellants have not till date paid the requisite amount by cash or from PLA which is the requirement under the cited sub-rule 3A of Rule 8 - the appellants have failed to discharge their duty liability inasmuch as they have paid the same through Cenvat Credit which is not permissible under the cited sub-rule 3A of Rule 8. Hence, we have no hesitation in upholding the demand of duty and interest thereon. However, subject to the appellants paying the duty amount in cash/PLA, they are allowed to reverse the Cenvat credit and utilize the same for future clearance in accordance with law - As regards the penalty, we are of the view that ends of justice shall be met if the same is reduced to ₹ 1.00 lakh - appeal dismissed.
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