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2014 (1) TMI 52 - AT - Central ExciseInterest on delayed payment under Rule 8 of Central Excise Rule, 2002 r.w Section 11AB of Central Excise Act, 1944 – Held that:- The appellant consumed the intermediate products within the factory premises/refinery - if the assessee would have availed the benefit of the provisions of Rule 6(3) of Cenvat Credit Rules, 2004, he need not have discharged the duty liability on the intermediate products -whatever duty liability has been discharged by the appellant, he has availed the Cenvat credit for discharging the duty liability on various other products - both the lower authorities have confirmed the interest liability on the appellant, which seems to be not in consonance with the law - the appellant is eligible for the Cenvat credit of duty payment made by them, when the fuel is used for generation of electricity, which was specifically consumed for manufacture of excisable as well as non-excisable goods – Following COMMISSIONER OF CENTRAL EXCISE & CUSTOMS, VADODARA-II Versus M/s GUJARAT NARMADA FERTILIZERS CO LTD [2012 (4) TMI 309 - GUJARAT HIGH COURT ] – order set aside – Decided inf avour of Assessee.
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