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2018 (5) TMI 1188 - AT - Central ExciseCENVAT credit - clearances by utilizing the cenvat credit instead of paying in cash - Rule 8(3A) of Central Excise Rules, 2002 - Held that: - the Division Bench of Delhi Tribunal in the case of GEI Industrial System Ltd. [2016 (11) TMI 227 - CESTAT NEW DELHI] after considering the various decisions of the High Courts and also the fact that the Supreme Court has granted a Stay Order in the case of Indsur Global Ltd. [2014 (12) TMI 585 - GUJARAT HIGH COURT] has come to the conclusion that the ratio adopted by the various High Courts and by the Tribunal in similar set of facts is still binding and has allowed the appeal of the assessee. The penalty imposed under Section 11AC of the Central Excise Act read with Rule 25 of the Central Excise Rules, 2002 on the assessee set aside - penalty of ₹ 5,000/- under Rule 27 is imposed. Appeal allowed in part.
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