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2017 (6) TMI 1139 - AT - Central ExciseShort payment of tax - utilisation of CENVAT credit during the default period - sub rule(3A) of Rule 8(1) - Held that: - The appellant for the default period i.e 1st may to 9th May, 2008. have not utilized any cenvat credit therefore proposal of the department for payment of duty in cash till the period 24-6-2008 does not hold good. In this fact, the demand of the duty in cash against utilization of the Cenvat credit for the period from 1st May, to 24 June, 2008 doe not sustain - appeal allowed - decided in favor of appellant.
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