TMI Blog2019 (3) TMI 760X X X X Extracts X X X X X X X X Extracts X X X X ..... to utilize the cenvat credit during the default period of monthly payment of duty, the case is pending before Hon’ble Supreme Court and the judgment of Indsur Global Ltd. [2014 (12) TMI 585 - GUJARAT HIGH COURT] is though in favour of assessee but Hon’ble Supreme Court decision is awaited - In these circumstances, deciding the matter before deciding by Hon’ble Supreme Court, will be pre-mature - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated:- 7-3-2019 - MR. RAMESH NAIR, MEMBER (JUDICIAL) And MR. RAJU, MEMBER (TECHNICAL) For Appellant: Sh. S.J. Vyas (Advocate) For Respondent: Ms. Nitina Nagori (AR) ORDER Per: Ramesh Nair The issue involved is that whether the appellant is entitled to utilize the cenvat credit during the default period of monthly payment of duty in terms of Rule 8(3A) of Central Exc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... therefore, the redemption fine of ₹ 25 Lakhs is not justifiable. As regard penalty, she relied upon the judgment in the case of Sausashtra Cement Ltd. (supra) as cited above. 4. Ms. Nitina Nagori Ld. Joint Commissioner (AR) appearing on behalf of the Revenue strongly objects. She submits that Hon ble Gujarat High Court judgment in the case of Indsur Global Ltd Vs. UOI 2014 (12) TMI 585 ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o shall pass a fresh order after the outcome of the case of Indsur Global Ltd. (Supra). As regard penalty imposed under Rule 25, we are of the view that the issue involved is of strict interpretation of Rule 8(3A) on which different views were interpreted at different court, therefore, there is no malafide intention on the part of appellant. Accordingly, the penalty imposed under Rule 25 is set as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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