2010 (8) TMI 540

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..... , by defaulting payments of duty consecutively, they lost their right to avail CENVAT credit or to avail the benefit of fortnightly payment of duty - Any order of forfeiture of fortnightly payment of duty was not issued to the appellant by the competent officer of Central Excise and, therefore, apparently, the party could not be prevented from availing CENVAT credit. In any case, the entire amo .....

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..... penalty under Section 11AC of the Central Excise Act. The learned counsel submits that the delay in payment of duty was on account of financial difficulties only. On the other hand, the learned JDR submits that, by defaulting payments of duty consecutively, they lost their right to avail CENVAT credit or to avail the benefit of fortnightly payment of duty. He submits that they did not file return .....

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