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    <title>2007 (10) TMI 86 - CESTAT MUMBAI</title>
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    <description>Twice availing Cenvat credit on the same invoices can leave insufficient balance in the RG 23A account at the time of duty debit, and the resulting clearance may be treated as contrary to Rule 8 of the Central Excise Rules, 2002 because duty was not effectively paid by the prescribed date. The specific interest charge of Rs. 1,000 per day under Rule 8(3) was not enforceable because that rate had been held ultra vires, so interest was confined to the otherwise applicable rate. Penalty under Rule 25 remained attracted, but voluntary detection and prompt correction supported substantial reduction on facts.</description>
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      <link>https://www.taxtmi.com/caselaws?id=3101</link>
      <description>Twice availing Cenvat credit on the same invoices can leave insufficient balance in the RG 23A account at the time of duty debit, and the resulting clearance may be treated as contrary to Rule 8 of the Central Excise Rules, 2002 because duty was not effectively paid by the prescribed date. The specific interest charge of Rs. 1,000 per day under Rule 8(3) was not enforceable because that rate had been held ultra vires, so interest was confined to the otherwise applicable rate. Penalty under Rule 25 remained attracted, but voluntary detection and prompt correction supported substantial reduction on facts.</description>
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