TMI Blog2014 (4) TMI 1083X X X X Extracts X X X X X X X X Extracts X X X X ..... sited through Cenvat credit account or not. - amount mentioned in the order 13-12-2010 can be paid through Cenvat credit account, then the appeal of the Assessee will not be dismissed merely on the ground that this amount was deposited with delay. - Matter remanded back - Decided in favour of assessee. - Tax Case No. 75 of 2012 - - - Dated:- 28-4-2014 - Yatindra Singh, CJ and Prashant Kumar Mis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the same amount alongwith interest; and also imposed the penalty of the same amount, with the observation that in case if the credit disallowed alongwith interest and penalty equivalent to 25% is paid within 30 days of the communication of the order, the penalty shall stand reduced to 25%. 4. Aggrieved by the aforesaid order, the Assessee filed an appeal before the Tribunal alongwith an applica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and it is heard on merits. 8. It is not disputed that the Assessee has deposited a sum of Rs. 40,00,000/- on 31-3-2013. However, this amount has been deposited through Cenvat credit account and not in cash. 9. The counsel for the Central Excise Department (the Department) submits that the amount mentioned in the order dated 13-12-2010 cannot be deposited through Cenvat credit account and i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... depositing the amount through Cenvat credit account is condoned. The Tribunal may first decide the question whether the amount of Rs. 40,00,000/- can be deposited through Cenvat credit account or not. 13. It is clarified that in case the Tribunal holds that the amount mentioned in the order 13-12-2010 can be paid through Cenvat credit account, then the appeal of the Assessee will not be dismis ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
