2014 (1) TMI 266

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... t will earn only interest liability and there is no requirement of payment of duty through PLA – and in CCE vs. Saurashtra Cement Ltd. [2010 (9) TMI 422 - GUJARAT HIGH COURT] - for penal liability the provisions of Rule 27 get attracted and Rule 25 has no applicability – the appellant has deposited the entire duty through Cenvat credit account therefore condition of pre-deposits waived till the di .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e note of the Tribunals decision in the case of Solar Chemferts Pvt. Ltd. vs. CCE, Thane [2012 (276) ELT 273 (Tri-Mum)] wherein it was held that payment of duty through Cenvat credit account during the period of default will earn only interest liability and there is no requirement of payment of duty through PLA. Further, by referring to Tribunals decision in the case of CCE vs. Saurashtra Cement .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... . [2005 186) ELT 321 (Tri-Del)] laying down that in case of default, duty is required to be paid from the account with interest and on such payment the assessee can recredit the Cenvat credit. 5. However, we find that said two decisions are prior to Tribunals decision in the case of Solar Chemferts Pvt. Ltd. Otherwise also in any case, we note that when there are two different streams of views .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X