2014 (5) TMI 492

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..... e impugned order for interest and penalty confirmed against them on account of utilization of CENVAT credit during the period of suspension of their facility to pay duty. 2. The brief facts of the case are that the appellants are manufacturers of excisable goods and the facility of deferred payment was withdrawn during the period 2001. The appellant failed to discharge their duty from November to .....

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..... or not. 4. The issue came up before the Larger Bench of the Tribunal in Noble Drugs Ltd. 2007 (215) ELT 500 wherein this Tribunal held that for the period prior to 31.03.2005 during the suspended period of facility, the assessee can utilize CENVAT credit account for payment of duty and no demand of interest and penalty can be imposed on the assessee. In these circumstances, the issue is squarely .....

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