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2014 (2) TMI 164 - AT - Central ExciseViolation of provisions of Rule 8(3A) of Central Excise Rules, 2002 - Penalty u/s 11AC - Delay in duty payment – Availment of CENVAT Credit - difference of opinion - Held that:- matter referred to larger bench with the following questions: Whether payment of duty arising out of default, is to be paid thought Cenvat credit and pre-deposit of penalty is to be restricted to Rs.5,000/- held by Member (Judicial) based on judgment of Hon'ble Gujarat High Court in the case of Saurashtra Chemicals. - Or Whether payment of duty arising out of default, is to be paid through cash/current account as per provisions of Rule 8 and Rule 8(3A) based on Gujrat High Court Judgment Harish Silk Industries [2013 (6) TMI 83 - GUJARAT HIGH COURT] and Hon'ble Madras High Court judgment in the case of Unirols Airtex Vs. Assistant Commissioner Coimbatore [2013 (12) TMI 1398 - MADRAS HIGH COURT] and in view of mis-presentation and fraud, pre deposit of Rs.25 lakhs is to be directed as held by Member (Technical).
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