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TMI Blog2015 (6) TMI 468X X X X Extracts X X X X X X X X Extracts X X X X ..... erest. I agree with learned counsel that the hon'ble High Court of Gujarat in the cases of Indsur Global Ltd. (2014 (12) TMI 585 - GUJARAT HIGH COURT) and of Precision Fasteners Ltd. (2014 (12) TMI 655 - GUJARAT HIGH COURT) has strucked down the proceedings and held Rule 8(3A) as unconstitutional and therefore, the whole foundation of the present case gets demolished. - penalty imposed on the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... month and the defaulted amount was paid belatedly i.e. beyond 30 days from the due date. The original adjudicating authority confirmed the demand of duty paid through CENVAT Credit during the default period in terms of Rule 8(3A) of the Central Excise Rules, 2002 and appropriated the same against the amount already paid by the appellant in cash. The amount of ₹ 7,77,270/- debited towards CE ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Union of India - 2014 (310) E.L.T. 833 (Guj.) held the said provisions of Rule 8(3A) of Central Excise Rules, 2002 as unconstitutional. In view of the above judgment there cannot be any bar for utilisation of CENVAT credit for payment of duty. Therefore, in view of the said judgment, the penalty should not have been imposed. 3.1 In another judgment of the hon'ble Gujarat High Court in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s utilised the CENVAT Credit during the default period. The duty was admittedly paid along with interest. I agree with learned counsel that the hon'ble High Court of Gujarat in the cases of Indsur Global Ltd. (supra) and of Precision Fasteners Ltd. (supra) has strucked down the proceedings and held Rule 8(3A) as unconstitutional and therefore, the whole foundation of the present case gets demo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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