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    <title>2023 (10) TMI 1157 - CESTAT KOLKATA</title>
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    <description>During the default period under Rule 8 of the Central Excise Rules, 2002, accumulated Cenvat credit could still be used to pay central excise duty. The demand proceeded on the view that payment had to be made in cash under Rule 8(3A), but the Tribunal noted that several High Courts had struck down that restriction as ultra vires. Following the jurisdictional High Court, it treated the relevant portion of the rule as unconstitutional and held that there was no bar on credit utilisation, making the impugned order unsustainable.</description>
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      <title>2023 (10) TMI 1157 - CESTAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=444934</link>
      <description>During the default period under Rule 8 of the Central Excise Rules, 2002, accumulated Cenvat credit could still be used to pay central excise duty. The demand proceeded on the view that payment had to be made in cash under Rule 8(3A), but the Tribunal noted that several High Courts had struck down that restriction as ultra vires. Following the jurisdictional High Court, it treated the relevant portion of the rule as unconstitutional and held that there was no bar on credit utilisation, making the impugned order unsustainable.</description>
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