2020 (3) TMI 80

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..... her utilization of CENVAT credit during the period of default in discharging monthly duty liability is irregular and in breach of Rule 8(3A) of Central Excise Rules,2002? HELD THAT:- The issue is no more res-integra and considered by the Hon ble Gujarat High Court in the case of Indsur Global Ltd vs. Union of India [ 2014 (12) TMI 585 - GUJARAT HIGH COURT ] - It has been held that during the defau .....

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..... ted in discharging duty beyond 30 days from the due date prescribed under sub rule 8 of Central Excise Rule, 2002. Consequently, demand notice was issued to them alleging that utilization of CENVAT Credit of ₹ 22,67,640/- during the said period is irregular and accordingly, the amount proposed to be recovered in cash. On adjudication, the demand was confirmed with interest and penalty. Aggri .....

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..... ourt in the case of Commissioner of Central Excise, Customs Service Tax, Silvassa Vs. Shanti Engineering 2019-TIOL-961-HC-MUM-CX and Commissioner of CGST Central Excise, Vapi-Daman Vs. Twenty First Century Wire Rods Ltd. 2019(26) G.S.T.L 478(Bom). 4. Learned A.R. for the Revenue reiterated the findings of the Learned Commissioner (Appeals). 5. Heard both sides and perused the records. 6. The short .....

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