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M/s. Vaibhav Forge Versus Commissioner of Central Excise, Nashik

Restriction on utlization of cenvat credit for delayed payment of duty - Held that:- In the present case undisputed fact is that demand of ₹ 7,17,726/- and consequent penalty of ₹ 1 lakh has confirmed on the ground that appellant have uti .....

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efaulted period from PLA i.e. through cash and not by utilizing Cenvat credit. I find that the issue has been considered by Hon'ble High Court of Gujarat in the case of - Indsur Global ltd. (2014 (12) TMI 585 - GUJARAT HIGH COURT) and held that prohi .....

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y lower appellate authority is not sustainable, therefore the same is set aside - Appeal No. E/173/10 - order no. A/1461/15/SMB - Dated:- 15-5-2015 - Ramesh Nair, Member (J),J. For the Appellant : Shri Venkatesh Iyer, Consultant For the Respondent : .....

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r (Appeals) has upheld the order of the Joint Commissioner of Central Excise to the extent of confirmation of Commissioner of Central Excise to the extent of confirmation of demand of duty of ₹ 7,17,726/- however set aside the penalty of equal .....

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ate alongwith interest. The show cause notice was issued and culminated into adjudication order wherein demand of excise duty of ₹ 7,17,726/- was demanded equivalent to amount of Cenvat credit utilized towards payment of excise duty during peri .....

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in case of Indsur Global Ltd. Vs. Union of India & 2 reported SPECIAL CIVIL APPLICATION NO. 3344 of 2014 wherein Hon'ble High Court held that condition contained in Rule 8(3A) of Central Excise Rules, 2002 as unconstitutional therefore deman .....

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both the sides, I find that in the present case undisputed fact is that demand of ₹ 7,17,726/- and consequent penalty of ₹ 1 lakh has confirmed on the ground that appellant have utilized Cenvat credit during the period of default inasmuch .....

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