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TMI Blog2025 (3) TMI 494X X X X Extracts X X X X X X X X Extracts X X X X ..... n'ble Apex Court. It is found that the issue in the case of Indsur Global Ltd. [2024 (7) TMI 1559 - SC ORDER (LB)] has already been decided by the Hon'ble Supreme Court. In these circumstances, the issue is presently not pending before the Hon'ble Supreme Court. Thus, in our view, there is no bar in taking up the issue for a decision based on the available documents. The demand of duty along with interest confirmed in the impugned order is not sustainable and accordingly, we set aside the same. As the demand for recovery of CENVAT Credit during the defaulted period is not sustainable, consequently, we hold that no penalty is imposable on the appellant. Conclusion - The ultra vires declaration of Rule 8(3A) by the High Courts prevents the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as Rs.1,67,98,613/- (including cess) for clearances of goods during the period from 06.11.2013 to 14.07.2014, out of which the appellant-noticee had paid Rs.48,10,100/- from PLA and the balance amount of Rs.1,19,88,513/- from their CENVAT Credit account. It was alleged in the said Notice that the above amount of Rs.1,19,88,513/- from their credit account is inadmissible and accordingly, proposed to demand the same along with applicable interest and penalty. 2.1. Thereafter, the matter was adjudicated and vide the impugned order, the above demand on the basis of alleged misutilization of CENVAT Credit during the defaulted period was confirmed along with interest thereon and penalty. 3. Aggrieved against the confirmation of the demands of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng, the Ld. Counsel for the appellant informed that the Hon'ble Supreme Court has already disposed of the matter and the Department has already withdrawn the appeal [Union of India & ors. v. Indsur Global Ltd. - 2024 (7) TMI 1559 - SC (LB); ref. Civil Appeal No. 6652 of 2018 & ors. dated 29.07.2024]. We have perused the Order passed by the Hon'ble Supreme Court and the relevant portion of the Order is reproduced below for ready reference: - "1. The dispute between the parties has been referred for determination to the Lok Adalat. 2. The tax effect of the subject matter of the special leave petitions and the appeals is falling below the threshold contained in the circular dated 22 August 2019 of the Central Board of Indirect Taxes an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that Cenvat Credit cannot be denied to the appellant for utilization of payment of duty during the defaulted period. In that circumstances the demand against the appellant for recovery of Cenvat Credit during the defaulted period is not sustainable and consequently, no penalty is imposable on the appellant." 9. Thus, by relying on the decisions cited supra, we hold that the demand of duty along with interest confirmed in the impugned order is not sustainable and accordingly, we set aside the same. As the demand for recovery of CENVAT Credit during the defaulted period is not sustainable, consequently, we hold that no penalty is imposable on the appellant. 10. In the result, we set aside the impugned order and allow the appeal filed by t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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