TMI Blog2016 (7) TMI 1105X X X X Extracts X X X X X X X X Extracts X X X X ..... 443/- was paid against the earlier order of the Settlement Commission in which there was no such direction. Encashment of bank guarantee by the Revenue is contrary to the orders of the Settlement Commission dated 09/07/2008 and needs to be refunded to the appellant. - APPEAL No.E/1223/11 - - - Dated:- 15-3-2016 - MR. RAJU, MEMBER (TECHNICAL) For the Petitioner : Shri.Arun S Sikariya, Authorised person For the Respondent : Shri.R.K.Maji, Asst. Comm. (AR) ORDER PER: RAJU 1. A case was booked against the appellant for wrongful use of Cenvat credit. The appellant approached the Settlement Commission, which vide order dated 21/01/2008 directed as follows: 8.3 We further observe that the applicant has made full ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on shall pay it within the next 15 days. The applicant shall furnish proof of payment of interest both to the Commission and the Revenue. Fine Penalty: Viewing the matter in totality the Bench order payment of fine of ₹ 75,000/- only in lieu of confiscation of seized goods and grant immunity from fine in excess of this amount and further grant full immunity from penalty to the applicant and the co-applicants. 2. The appellant paid ₹ 44,443/- as interest. Revenue however, approached the Settlement Commission for correction of an error and the Settlement Commission vide order dated 09/07/2008 ordered as follows: The next hearing in the matter was held on 05/05/2009. None appeared on behalf of the applicant. Revenue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oinder dated 04/05/2009, has already expressed willingness to have this additional amount of interest adjusted from the excess amount of ₹ 2,13,678/- paid by them. 10.2 The Bench orders adjustment as above. The balance amount if remaining shall be refunded to the applicant within 30 days from the receipt of this order. 3. Revenue, to recover interest, encashed the bank guarantee of ₹ 1,08,726/- which was given by them during the investigation. The appellant approached the Revenue for refund of the amount encashed through bank guarantee and the voluntary payment of interest made earlier. However, the same was rejected by both the original as well as first appellate authority. 4. The learned Counsel for the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
