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2007 (7) TMI 327 - AT - Central ExciseInterest and penalty - Whether an assessee during the period of forfeiture of facility for payment of duty on fortnightly basis, is required to pay duty out of the PLA and whether failure on his part to do so would attract interest and penal provisions or not? - Held that: - the provisions of Rule 8(4) are pari materia with Rule 173G(1)(e) and the non-obstantive clause was introduced by insertion of sub-rule 3A in Rule 8 of the Central Excise Rules, 2002, only w.e.f. 31-3-2005, while the period in dispute in the present case is prior to that date - during the period of forfeiture of the facility of payment of duty on fortnightly basis, an assessee can discharge duty liability either out of PLA or by utilising Cenvat credit and failure on his part to do so would not attract interest and penalty, and answer the reference in the negative - decided in favor of assessee.
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