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2015 (10) TMI 1337 - CESTAT AHMEDABAD

2015 (10) TMI 1337 - CESTAT AHMEDABAD - TMI - Denial of CENVAT Credit - Delay in discharging monthly duty - Held that:- Prima facie, the issue is covered by the decision of Hon’ble Gujarat High Court in the case of M/s Indsur Global Ltd (2014 (12) TMI 585 - GUJARAT HIGH COURT). Hence, it is appropriate that the matter should be re-examined by the Commissioner (Appeals). Accordingly, the impugned order is set aside and the matter is remanded to the Commissioner (Appeals) to decide afresh the stay .....

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ns, the appeals are taken up for hearing. 2. After hearing both the sides and on perusal of the records, I find that the Appellants are engaged in the manufacture of Paper Tubes classifiable under Chapter 48 of the Schedule to Central Excise Tariff Act, 1985. There is a delay in discharging monthly duty during the month of April 2008 under Rule 8(3) of Central Excise Rules, 2002. The learned Advocate submits that during the defaulted period, they had paid the duty from their CENVAT account. He s .....

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