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2017 (10) TMI 551 - AT - Central ExciseDemand of interest and penalty - payment of duty by utilization of CENVAT credit account - Rule 8(3A) of Cenvat Excise Rules, 2002 - Held that: - although the decision in the case Indsur Global Limited [2014 (12) TMI 585 - GUJARAT HIGH COURT] has been stayed by the Hon’ble Apex Court in the case of Union of India Versus Indsur Global Ltd. [2014 (11) TMI 1101 - SUPREME COURT], but the said decision, unless until decided by the Hon’ble Apex Court, holds the field as on date and the Court is not persuaded to take a view different from those already taken - the Hon'ble High Court holds that the impugned order and the reasoning of the CESTAT does not call for any interference - proceedings against the appellant are not sustainable - appeal allowed - decided in favor of appellant.
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