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M/s. Fairdeal Supplies Limited Versus Commissioner of Central Excise & S.T., Rajkot

2015 (10) TMI 1211 - CESTAT AHMEDABAD

CENVAT Credit - Penalty under Rule 25(1) of Central Excise Rules, 2002 - Held that:- Appeal is pertaining to imposition of penalty of ₹ 25 Lakh upon the appellant under Rule 25() of the Central Excise Rules, 2002. It is observed from Para 9 (v) of the Order-in-Original dated 31.08.2012 that entire defaulted amount alongwith interest was paid by the appellant before issue of show cause notice. During the period of default, the duty was being paid by the appellant through CENVAT account - ap .....

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ted:- 10-6-2015 - Mr. H.K. Thakur, J. For Appellant : Shri J.N. Bhagat, Consultant For Respondent : Shri Lalatendu Patra, Authorised Representative Per : Mr. H.K. Thakur; This appeal has been filed by the appellant with respect to penalty of ₹ 25 Lakhs imposed by the adjudicating authority under Rule 25(1) of Central Excise Rules, 2002. 2. Shri J.N. Bhagat, (Consultant) appearing on behalf of the appellant argued that the issue involved is regarding default in payments of duty as per Rule .....

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al Excise Rules, 2002. He relied upon the case law of Hon'ble Gujarat High Court in the case of Indsur Global Limited vs. UOI - [2014 (310) ELT 833 (Guj.)]. It was strongly argued by the learned Consultant that the High Court in this case has held that the provisions of Rule 8 (3A) of the Central Excise Rules, 2002 ultra-vires to the extent the duty can not be paid through CENVAT credit. It was the case of the appellant that once the entire default amount has been paid and the Hon'ble Gu .....

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pertaining to imposition of penalty of ₹ 25 Lakh upon the appellant under Rule 25() of the Central Excise Rules, 2002. It is observed from Para 9 (v) of the Order-in-Original dated 31.08.2012 that entire defaulted amount alongwith interest was paid by the appellant before issue of show cause notice. During the period of default, the duty was being paid by the appellant through CENVAT account. The Hon'ble High Court in the case of Indsur Global Limited vs. UOI (supra) has held in Para .....

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