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2014 (9) TMI 108 - AT - Central ExciseDenial of CENVAT Credit - Failure to adhere to the procedure prescribed under Rule 8 (3A) of the Cenvat Excise Rules, 2002 - discharge duty consignment wise through PLA - Held that:- On perusal of impugned Commissioner (Appeals) order, it is noted that Lower Authority has upheld the demand and recoverable through account cenvat/cash along with interest and also held that they are eligible to take re-credit of cenvat. To avoid such revenue-neutral exercise, he directed the appellant to pay the interest above at the rates prescribed on amount payable in account cenvat consignment wise, but not so paid during impugned period for the period for the delay i.e. till the default amount is paid. Therefore, Ld. Advocate's plea that the Lower Authority having accepted payment of duty through cenvat credit, demand of interest not applicable is not correct. The appellant prima facie has not put forth any valid grounds for waiver of interest and penalty. Accordingly, the appellant is directed to deposit 10% of the penalty - Partial stay granted.
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