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2013 (11) TMI 591 - PUNJAB & HARYANA HIGH COURTUtilisation of Cenvat credit - Compounded Levy Scheme – Assessee opted to pay fix duty in terms of capacity of their induction furnaces – hot steel re-roller units - Held that:- The case put against the assessee in the show cause notice clearly indicates that the demand, penalty and interest on the demand is only on the ground of discharge of duty liability on the final products covered under compounded levy scheme after 1.4.2000 through Cenvat Credit account - Such a debit through Cenvat credit account cannot be faulted with and there is no need for imposition of penalty and interest as Cenvat Credit Rules specifically indicate utilization of legit credit availed for discharge of duty liability – There was no fault with the mode of payment of excise duty by the respondents - Cenvat account of the respondents had sufficient credit and they discharged their duty liability through the same instead of making payment through PLA - there is neither loss to the revenue nor there is evasion of duty – Decided against the revenue.
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