TMI Blog2016 (11) TMI 1109X X X X Extracts X X X X X X X X Extracts X X X X ..... under dispute then 7.5% of the penalty amount is required to be deposited, in the present case there is a dispute of interest and penalty. As per the plain reading of the Section 35F of the Act, in the present case also only 10% of the penalty is required to be deposited for filing an appeal which the applicant have already deposited. As regards the contention of the ld. AR that 7.5% of interest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... application in respect of interest demanded in the adjudication order. In the impugned order the adjudicating authority confirmed the demand of Cenvat credit amounting to ₹ 10,90,44,216/-, the same was reversed by the applicant before issuance of show cause notice hence the same was appropriated. In addition to the recovery of Cenvat amount the adjudicating authority also ordered for recove ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unt in terms of Section 35F of the Act. 4. I have carefully considered the submissions made by both the sides. I find that for filing the appeal the applicant is required to comply with the provisions of Section 35F of the Act which is reproduced below : Section 35F. Deposit, pending appeal, of duty demanded or penalty levied. - Where in any appeal under this Chapter, the decision or orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lication is filed before the Commissioner (Appeals) for dispensing with the deposit of duty demanded or penalty levied under the first proviso, the Commissioner (Appeals) shall, where it is possible to do so, decide such application within thirty days from the date of its filing. Explanation. - For the purposes of this Section duty demanded shall include, - (i) amount determined under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... % of the penalty is required to be deposited for filing an appeal which the applicant have already deposited. As regards the contention of the ld. AR that 7.5% of interest should also be deposited, I completely disagree with this contention for the reason that Section 35F of the Act, does not envisage for deposit of 7.5% or as the case may be 10% of interest amount. Therefore, in my considered vie ..... X X X X Extracts X X X X X X X X Extracts X X X X
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