https://www.taxtmi.com/caselaws?id=768061 CESTAT Kolkata allowed the appeal regarding denial of CENVAT Credit utilization during defaulted period under Rule 8(3A) of Central Excise Rules, 2002. The tribunal noted that Rule 8(3A) was declared ultra vires by Gujarat HC in Indsur Global Ltd. and Punjab & Haryana HC in Sandley Industries cases. Since SC had disposed of the matter and department withdrew appeal, no bar existed for decision. The tribunal held CENVAT Credit utilization during defaulted period was not irregular, set aside the demand, and ruled no interest or penalty could be imposed. en-us Wed, 26 Mar 2025 00:00:00 +0530 Mon, 31 Mar 2025 08:41:38 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=768061 CESTAT Kolkata allowed the appeal regarding denial of CENVAT Credit utilization during defaulted period under Rule 8(3A) of Central Excise Rules, 2002. The tribunal noted that Rule 8(3A) was declared ultra vires by Gujarat HC in Indsur Global Ltd. and Punjab & Haryana HC in Sandley Industries cases. Since SC had disposed of the matter and department withdrew appeal, no bar existed for decision. The tribunal held CENVAT Credit utilization during defaulted period was not irregular, set aside the demand, and ruled no interest or penalty could be imposed. Case-Laws Central Excise Wed, 26 Mar 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=768061