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2019 (3) TMI 760 - AT - Central ExciseUtilization of CENVAT Credit - utilization of credit during the default period of monthly payment of duty in terms of Rule 8(3A) of Central Excise Rules, 2002 - matter sub-judice before Supreme Court - penalty - redemption fine - Held that:- The issue that whether the appellant is entitled to utilize the cenvat credit during the default period of monthly payment of duty, the case is pending before Hon’ble Supreme Court and the judgment of Indsur Global Ltd. [2014 (12) TMI 585 - GUJARAT HIGH COURT] is though in favour of assessee but Hon’ble Supreme Court decision is awaited - In these circumstances, deciding the matter before deciding by Hon’ble Supreme Court, will be pre-mature - matter remanded to the adjudicating authority who shall pass a fresh order after the outcome of the case of Indsur Global Ltd. Penalty u/r 25 - Held that:- The issue involved is of strict interpretation of Rule 8(3A) on which different views were interpreted at different court, therefore, there is no malafide intention on the part of appellant. Accordingly, the penalty imposed under Rule 25 is set aside. Redemption fine - Held that:- Since the goods were not available, no redemption fine could have been imposed as held by Larger Bench of this Tribunal in the case of Shivkrupa Ispat Pvt. Ltd Vs. CCE & Custom-Nasik [2009 (1) TMI 124 - CESTAT MUMBAI], accordingly, the redemption fine is also set aside. Appeal allowed by way of remand.
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