https://www.taxtmi.com/caselaws?id=761357 CESTAT Chennai allowed the appeal challenging demand for contravention of Rule 8(3A) of Central Excise Rules, 2002 regarding failure to pay duty within prescribed time without utilizing CENVAT credit. The tribunal held that Rule 8(3A) is ultra vires to the main Act, following precedents from Gujarat HC and Bombay HC which declared the provision unconstitutional for infringing assessee's substantive right to utilize CENVAT credit. The demand was set aside as unsustainable. en-us Thu, 07 Nov 2024 00:00:00 +0530 Sat, 09 Nov 2024 08:46:39 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=761357 CESTAT Chennai allowed the appeal challenging demand for contravention of Rule 8(3A) of Central Excise Rules, 2002 regarding failure to pay duty within prescribed time without utilizing CENVAT credit. The tribunal held that Rule 8(3A) is ultra vires to the main Act, following precedents from Gujarat HC and Bombay HC which declared the provision unconstitutional for infringing assessee's substantive right to utilize CENVAT credit. The demand was set aside as unsustainable. Case-Laws Central Excise Thu, 07 Nov 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=761357