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2015 (10) TMI 1186 - AT - Central ExciseDenial of CENVAT Credit - duty paid during the defaulted period from their CENVAT account instead of paying in cash under PLA - contravention of Rule 8(3A) of Central Excise Rules, 2002 - Held that:- Authorised Representative for the Revenue submits that they have contravened the Rule and therefore, penalty should be imposed. It is further contended that they have not discharged the duty consignment-wise and therefore, they are liable to pay interest. - Gujarat High Court in the case of Indsur Global Ltd (2014 (12) TMI 585 - GUJARAT HIGH COURT) the demand of duty by cash is not sustainable. As the Hon'ble Gujarat High Court declared the law invalid and therefore, the imposition of penalty is not warranted. However, Revenue is at liberty to raise the demand of interest, if there is a delay in payment of duty consignment-wise. - impugned orders are set aside. - Decided in favour of assessee.
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