TMI Blog2014 (3) TMI 92X X X X Extracts X X X X X X X X Extracts X X X X ..... outstanding amount together with interest - Held that:- As under Sub-Rule (1) of Rule 8 of Central Excise Rules, 2002 if an assessee, failed to pay the duty within the time stipulated i.e. on the 6th day of following month if it is paid electronically through internet banking or on the 5th day of following month in any other case, and a further period of 30 days under Sub-Rule (3A) is disentitled ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lt in payment was subsequently made goods and the appellant paid defaulted payment alongwith interest in cash. As the default has been mad good, therefore utilization of credit during the period in default in compliance to the provision of Rule 8 (3A) of the Central Excise Rules, 2002. 4. Revenue relies upon the decisions of Hon'ble Karnataka High Court in the case of Manjunatha Industries vs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a facie the appellant has not made out a case for total waive of pre-deposit of the dues. The applicants are directed to Rs. 2,49,963/- in cash within eight weeks and on deposit of the above mentioned amount, pre-deposit of the remaining dues is waived and recovery thereof stayed for hearing the appeal.
6. Compliance to be reported on 21.3.2014.
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