No restriction on utilization of Cenvat credit during default period: CESTAT Kolkata

Superol Industrial Lubricant Vs Commissioner of Central Excise (CESTAT Kolkata) Appellants have paid the entire duty through CENVAT Credit along with interest. It is their submission in the grounds of appeal that the Commissioner should have appreciated that the provisions of Rule 8(3A) would apply only till the date the assessee pays the outstanding amount including the interest thereon. it is categorically held that when Rule 8 (3A) is declared ultra vires by the different High Courts then the Revenue cannot take a different stand contrary to the said judgements. The Hon’ble Court further...