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Rule 8(3A) of Central Excise Rules, 2002 ultra vires – CESTAT follows HC Ruling
Case Law Details
- Case Name
- Indus Tropics Ltd Vs C.C.E. & S.T.-Rajkot (CESTAT Ahmedabad)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All CESTAT, CESTAT Ahmedabad
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Indus Tropics Ltd Vs C.C.E. & S.T. Rajkot (CESTAT Ahmedabad)
The issue in brief is that though entire defaulted amount of central excise duty along with interest stands deposited with a delay of few weeks, the Department is of the view that as per the provisions of Rule 8(3A) of Central Excise Rules, 2002, the appellant should have paid the entire delayed payment of Rs. 1,41,36,316/- in cash rather than same being paid by utilizing Cenvat credits.
The operative portion of M/s. ANDHRA CYLINDER P.LTD. is reproduced below
“14. In view of the above, we find that at least fou...
