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2014 (7) TMI 105 - AT - Central ExciseWaiver of pre deposit - Debit made in CENVAT Credit - whether the amount of pre-deposit ordered in the stay order for compliance with provisions of Section 35F can be deposited by the debiting the Cenvat Credit Account - Held that:- though the Commissioner (Appeals) has relied upon the Tribunal’s judgment in the case of Fibre Glass Insulation (2000 (11) TMI 453 - CEGAT, NEW DELHI), the Tribunal in two other cases of Nicco Corporation Ltd. (2012 (8) TMI 815 - CESTAT, KOLKATA) & Minwool Rock Fibres Ltd. (2012 (11) TMI 1002 - CESTAT BANGALORE) has taken contrary view and has clearly held that pre-deposit made by the way of debiting the Cenvat Credit Account is permitted. The decision of the Tribunal in case of Minwool Rock Fibers Ltd. (supra) and Nicco Corporation Ltd. (supra) is in accordance with the decision in case of Birla Yamaha Ltd. reported in [1995 (10) TMI 139 - CEGAT, NEW DELHI] which has not been considered in the case of M/s. Fibre Glass Insulation (supra). The judgment in case of Birla Yamaha Ltd. (supra) is of a Bench of Three Members. In view of this I hold that the impugned order is not correct and the appellant would have to be treated as having complied with the direction of pre-deposit in the stay order - Matter remanded back - Decided in favour of assessee.
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