2015 (10) TMI 1660

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....or the Respondent : Shri R K Grover, DR ORDER Per Rakesh Kumar In this case, there was delay in discharge of the monthly duty liability by the due date and the delay continued beyond the period of one month from the due date. In respect of the delay in payment of monthly duty liability which is beyond the period of one month from the due date, the provisions of Section 8(3A)of the Act become a....

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....pect of stay application. 3. Shri Bipin Garg, Advocate, ld. Counsel for the appellant, citing the judgement of the Hon'ble Gujarat High Court in the case of Indsur Global Ltd. Vs. Union of India reported in 2014-TIOL-2115-HC-AHM-CX pleaded that in this judgement, Hon'ble High Court has considered the vires of the provisions of Rule 8(3A) requiring the payment of duty without utilizing the....

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....e Hon'ble Madras High Court in the case of Unirols Airtex Vs. Assistant Commissioner of Central Excise (supra) has held that during the period of delay in discharge of monthly duty liability, which is beyond the period of one month from the due date, the duty is required to be paid through PLA only, without utilizing the cenvat credit, in this judgement the Hon'ble High Court has not gone ....