2015 (5) TMI 661

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....Mr. K Jayachandran For the Respondent : Mr. T Chandrasekaran Senior Panel Counsel JUDGMENT (Judgment of the Court was delivered by R. Sudhakar, J.) This civil miscellaneous appeal, at the instance of the assessee, was admitted on the following substantial questions of law:- "(1) Whether in the facts and circumstances of the case, the payment of duty utilizing CENVAT credit is a vali....

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....000/- when the penalty under Section 11AC was set aside and Rule 25 of CE Rules is subject to the provisions of Section 11AC of the Central Excise Act?'' 2. The appellant-assessee has challenged the order of the Tribunal, holding as follows:- ''2. We find that with the amendment to Central Excise Rules, 2002 vide Notification No.13/2006-CE dated 1.6.2006, a defaulting assesse....

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.... 3. Heard the learned counsel for the appellant and the learned Senior Panel Counsel for the respondents. 4. Since the issue raised in this civil miscellaneous appeal has already been decided by the Gujarat High Court in the judgments in Indsur Global Ltd., v. Union of India, 2014 (310) E.L.T.833 (Guj.) and in Precision Fasteners Ltd., v. Commissioner of Central Excise, 2014 TIOL 2211 HC-AHM....