2015 (10) TMI 1161

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....t Commissioner (AR) ORDER Per: Ramesh Nair: The appeal is directed against Order-in-Appeal No. AKP/NSK/92/2009 dated 9/11/2009 passed by the Commissioner of Central Excise & Customs (Appeals), Nashik, wherein Ld. Commissioner (Appeals) has upheld the order of the Joint Commissioner of Central Excise to the extent of confirmation of Commissioner of Central Excise to the extent of confirmat....

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....le High Court of Gujarat in case of Indsur Global Ltd. Vs. Union of India & 2 reported SPECIAL CIVIL APPLICATION NO. 3344 of 2014 wherein Hon'ble High Court held that condition contained in Rule 8(3A) of Central Excise Rules, 2002 as unconstitutional therefore demand which is also against utilization of Cenvat Credit was not sustainable. 3. On the other hand, Shri. V. K. Shastri, Ld. Asstt.....