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2015 (10) TMI 1161 - CESTAT MUMBAI

2015 (10) TMI 1161 - CESTAT MUMBAI - TMI - 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 utilized Cenvat credit during the period of default inasmuch as appellant had not paid the monthly payment of duty beyond 30 days till the payment of such defaulted amount alongwith interest. As per rule 8(3A) .....

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rt judgment, I find that demand confirmed by 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 : Shri V K Shastri, Asstt Commissioner (AR) ORDER Per: Ramesh Nair: The appeal is directed against Order-in-Appeal No. AKP/NSK/92/2009 dated 9/11/2009 passed by the Commissioner of Central Excise & Customs .....

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aulted amount beyond 30 days from the due date 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 period after 30 days from due date till payment of defaulted amount in term of 8(3A) of Central Excise Rules, 2002. 2. Shri. Venkatesh Iyer, Ld. Consultant of the appellant submits that this issue has been settl .....

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