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2018 (8) TMI 1577 - AT - Central ExciseRestoration of appeal - appeal was dismissed for want of compliance of pre-deposit - Held that:- The appellant having made sufficient predeposit, the appeal has to be restored to the files of the Tribunal - appeal restored. Demand raised for violation of Rule 8(3A) of Central Excise Act, 2002 - whether the appellant is liable to clear the goods using the CENVAT account during the period of default? - Held that:- The issue is under consideration before the Hon’ble Apex Court in the case of Union of India Vs. Indsur Global Ltd. [2014 (11) TMI 1101 - SUPREME COURT]. The Hon’ble Apex Court has stayed the operation of the orders passed by the Hon’ble High Courts of Gujarat and Madras - the matter requires to be remanded to the adjudicating authority, who shall consider the issue afresh on the basis of the outcome of the decision of Hon’ble Supreme Court. Appeal allowed by way of remand.
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