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2019 (5) TMI 471 - HC - Central ExciseDefault in payment of duty - withdrawal of facility for fortnightly payment of duty and payment through RG 23A Part II for a period of two months or till the deposit of defaulted amount whichever was later - invocation of provisions of Rule 8(3A) of the Rules - HELD THAT:- The Party had paid whole of the defaulted amount along with interest on 17.10.2001. Since the Party had made the whole of the dues within one month, therefore, they were entitled to utilize their cenvat credit account for payment of duty w.e.f. 24.11.2001. The Tribunal had noticed that the Party had not contravened the provisions of Rule 8(3A) of the Rules by utilizing the credit account for payment of duty w.e.f. 18.1.2002. Therefore, the demand of ₹ 1,69,38,241/- was set aside by the Tribunal and the Party was not liable to pay any penalty in this regard. No illegality or perversity could be pointed out by the learned counsel for the revenue in the aforesaid findings recorded by the Tribunal in all the three appeals which may warrant interference by this Court - the substantial questions of law are answered against the revenue and in favour of the assessee - appeal dismissed.
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