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2016 (10) TMI 1223 - AT - Central ExciseUtilization of CENVAT Credit - Default in payment of monthly duty beyond 30 days from the due date - Rule 8 (3A) of Central Excise Rules, 2002 - Held that:- Appellant relies upon the judgement of Hon’ble Gujarat High Court in the case of Indsur Global Ltd. Vs Union of India [2014 (12) TMI 585 - GUJARAT HIGH COURT], where it was held that the relevant portion of Rule 8 (3A) relating to bar of utilization of cenvat credit by such defaulters to be ultra vires. The Hon’ble Madras High Court has also set aside the proceedings pending on this count - but Revenue points out that the above High Court judgement has been appealed against to the Supreme Court and the same has been ordered by the Hon’ble Supreme Court to be tagged along with SLP in the case of Commissioner Versus A.R. Metallurgicals P. Ltd. [2016 (1) TMI 1380 - SUPREME COURT]. The appeal is remanded back to original adjudicating authority with the direction for denovo consideration, based on the parameters of the final ruling of the Hon’ble Supreme Court in the matter.
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