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    <title>2009 (4) TMI 578 - CESTAT, AHMEDABAD</title>
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    <description>Prior to insertion of Rule 8(3A), duty could validly be discharged from Modvat/Cenvat credit even during forfeiture of the fortnightly payment facility, so the demand based on prohibition of credit utilisation was unsustainable. Delayed deposit of duty nevertheless attracted interest because the Revenue was deprived of timely payment, even though the duty had been assessed. Penalty on the company was maintained at the reduced level, but personal penalties on the Managing Director and Excise clerk were set aside for lack of material showing culpability or intent to evade duty.</description>
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      <description>Prior to insertion of Rule 8(3A), duty could validly be discharged from Modvat/Cenvat credit even during forfeiture of the fortnightly payment facility, so the demand based on prohibition of credit utilisation was unsustainable. Delayed deposit of duty nevertheless attracted interest because the Revenue was deprived of timely payment, even though the duty had been assessed. Penalty on the company was maintained at the reduced level, but personal penalties on the Managing Director and Excise clerk were set aside for lack of material showing culpability or intent to evade duty.</description>
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