In the issue of the restriction in utilization of cenvat credit during default period , the Bombay High Court listed the matter for further hearing since it was pending .
M/s. Vikas Vinyl Industries, the petitioner filed the petition which arisen on question of Restriction in utilization of cenvat credit during default period:
Mr. Mishra, counsel for the respondent stated that on the issues as arisen in the present proceedings, there are other Appeals, which are pending.
Mr. Shah, counsel for the appellant has submitted that he has placed on record the compilation of Judgments to submit that the issues as arisen in the present proceeding would stand covered by the decision of the Gujarat High Court in the case of Indsur Global Ltd. vs. Union of India wherein declared the words “without utilizing Cenvat Credit” under Rule 8(3A) as ultra vires which means that the assessee can discharge duty by utilizing Cenvat Credit which is what exactly has been done in the instant case by the appellant.
Further appellant also relied on decision of a co-ordinate Bench of this Court in the case of Commissioner of Central Excise & Customs, Nashik-II vs. Nashik Forge Pvt. Ltd.and also the decisions of other two High Courts.
A division bench comprising Justice G.S. Kulkarni and Justice Jitendra Jain listed the matter to hear the parties and pass appropriate orders on these proceedings.
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