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2015 (6) TMI 468 - AT - Central ExciseImposition of penalty - CENVAT Credit - Held that:- Demand as well as the penalty was confirmed in terms of Rule 8(3)A of the Central Excise Rules, 2002 on the ground that the appellant has utilised the CENVAT Credit during the default period. The duty was admittedly paid along with interest. I agree with learned counsel that the hon'ble High Court of Gujarat in the cases of Indsur Global Ltd. (2014 (12) TMI 585 - GUJARAT HIGH COURT) and of Precision Fasteners Ltd. (2014 (12) TMI 655 - GUJARAT HIGH COURT) has strucked down the proceedings and held Rule 8(3A) as unconstitutional and therefore, the whole foundation of the present case gets demolished. - penalty imposed on the appellant does not survive. - Decided in favour of assessee.
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