Sec 11 a read with rule 8 (1) (2) (3a)

This query is : Resolved

Sumit Garg (Querist)
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17 August 2012 One of my Assesse rec show cause notice regarding disallowing of cenvate credit since delay in payment of duty for more then 30 days
assesse made payment for may 11 on 5/8/11,
june 11 on 6/9/11, july 11 on 6.9.11, aug 11 on 22/8/11, sep 11 on 12/10/11, oct nov dec 11 on 7/1/12, jan12 on 6/2/12 show cause notice has been issued by AD of excise for disallowing cenvate credit since payment made delay for more then 30 days as on the date assessee hav no out standing payable though department want to disallow credit is their any remedy

U S Sharma

U S Sharma (Expert)
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20 August 2012 after 3 consecutive defaults, department may stop the benefits of cenvat credit,

make prayer to Deputy commissioner of CE, through the Range officer, and give undertaking that in future it will not be repeated,

as a safeguard of revenue, they may ask you to make a pre deposit of some amount in PLA, and may allow you to restore the cenvat credit system.

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