TMI Blog2013 (3) TMI 404X X X X Extracts X X X X X X X X Extracts X X X X ..... ondition to hearing of appeal. Held that:- The purpose behind the condition of pre-deposit of the duty demand, interest and penalty by the assessee as a pre-condition of hearing of his appeal is to secure the interest of the Revenue. In the instant case admittedly the excise duty liability has been discharged by the appellant through his Cenvat credit account though as per the Rules, he was required to pay the excise duty in cash but the fact remain that excise duty has been paid. Therefore, taking into account overall facts and circumstances of the case, we find it to be a fit case where the condition of pre-deposit should be waived. - E/2050/2011 and Cross Objection No. E/CO/32/2012 - Stay Order No. 1224/2012-EX(BR)(PB) - Dated:- 31 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led to comply with the provisions of Rule 8(1) of the Central Excise Rules, he was supposed to clear the goods during the disputed period 5-11-2008 to 19-12-2008 on payment of excise duty in cash through PLA account. Accordingly, the appellant was served with a show cause notice raising duty demand of Rs. 30,82,595/- for the period 5-8-2008 to 20-9-2008 and further duty demand of Rs. 12,27,455/- for the clearance of goods during the period 5-11-2008 to 19-12-2008 with interest and the penalty was also proposed to be imposed for contravention of goods. The Adjudicating Authority vide impugned order confirmed the duty demand of Rs. 43,10,050/- to be paid in cash through PLA alongwith interest and also imposed penalty of equal amount under Rul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tentions and perused the record. 6. The purpose behind the condition of pre-deposit of the duty demand, interest and penalty by the assessee as a pre-condition of hearing of his appeal is to secure the interest of the Revenue. In the instant case admittedly the excise duty liability has been discharged by the appellant through his Cenvat credit account though as per the Rules, he was required to pay the excise duty in cash but the fact remain that excise duty has been paid. Even if at this stage the appellant is directed to deposit the excise duty confirmed against him with interest in that event obviously corresponding credit entry would be made in the Cenvat credit account of the appellant, which he would be able to utilise against the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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