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2015 (10) TMI 1161 - AT - Central ExciseRestriction on utlization of cenvat credit for delayed payment of duty - Held that:- In the present case undisputed fact is that demand of ₹ 7,17,726/- and consequent penalty of ₹ 1 lakh has confirmed on the ground that appellant have utilized Cenvat credit during the period of default inasmuch as appellant had not paid the monthly payment of duty beyond 30 days till the payment of such defaulted amount alongwith interest. As per rule 8(3A) appellant was supposed to pay duty during defaulted period from PLA i.e. through cash and not by utilizing Cenvat credit. I find that the issue has been considered by Hon'ble High Court of Gujarat in the case of - Indsur Global ltd. (2014 (12) TMI 585 - GUJARAT HIGH COURT) and held that prohibition in utilizing Cenvat Credit is unconstitutional. In other words, assessee is entitle to use Cenvat Credit for payment of Excise duty at any point of time. Respectfully following ratio of above High Court judgment, I find that demand confirmed by lower appellate authority is not sustainable, therefore the same is set aside
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