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2017 (6) TMI 1196 - CESTAT KOLKATAPre-deposit - Section 35F (i) of the Central Excise Act, 1944 - whether mandatory deposit of seven and half percent as per Section 35F (i) of the Central Excise Act 1944, is required to be paid in cash or the same can be paid from CENVAT Credit Account maintained by the appellants? - Held that: - it is not specifically mentioned that amount has to be deposited only by way of cash payment - the view taken by the First Appellate Authority, that deposit under Section 35F (i) cannot be made from CENVAT Credit Account, is not the correct appreciation of law so long as the CENVAT Credit is permissible for utilization as per Rule 3(4) of the CENVAT Credit Rules, 2004. Appeal filed by the appellants are allowed by way of remand to the First Appellate Authority with direction to decide the appeal on merits.
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