2015 (10) TMI 1312

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....r the Appellant : Ms Ranjana Jha, AR For the Respondent : Shri Prem Ranjan ORDER Per Ashok Jindal Both Revenue and the assessee has filed applications against the impugned order seeking stay of operation of the impugned order. Revenue is seeking the stay of operation of the impugned order on the ground that learned Commissioner (Appeals) has reduced the penalty against the assessee by ....

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....ntention of the learned Counsel appearing on behalf of the assessee that Cenvat credit is sought to be denied on the premise that applicant has utilized Cenvat credit account for payment of duty during the period of default whereas he has not paid duty in time. He submits that provisions of Rule 8 (3A) of Rules, has been declared ultra virus of Hon'ble Gujarat High Court in the case of Indsur ....