https://www.taxtmi.com/caselaws?id=764415 CESTAT Chennai held that Rule 8(3A) of Central Excise Rules, 2002 is ultra vires Article 14 of the Constitution, being unreasonable, irrational, arbitrary and violative of constitutional provisions. Following precedents from Gujarat and Madras HC, the tribunal ruled the rule unconstitutional as it infringes upon the substantive right of assessee to utilize CENVAT credit. The demand confirmation was set aside and appeal allowed. Regarding interest payment dispute, the matter was remanded to Adjudicating Authority for verification of chartered accountant certificate submitted by appellant. en-us Thu, 09 Jan 2025 00:00:00 +0530 Thu, 09 Jan 2025 15:11:23 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=764415 CESTAT Chennai held that Rule 8(3A) of Central Excise Rules, 2002 is ultra vires Article 14 of the Constitution, being unreasonable, irrational, arbitrary and violative of constitutional provisions. Following precedents from Gujarat and Madras HC, the tribunal ruled the rule unconstitutional as it infringes upon the substantive right of assessee to utilize CENVAT credit. The demand confirmation was set aside and appeal allowed. Regarding interest payment dispute, the matter was remanded to Adjudicating Authority for verification of chartered accountant certificate submitted by appellant. Case-Laws Central Excise Thu, 09 Jan 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=764415