TMI Blog2017 (9) TMI 1422X X X X Extracts X X X X X X X X Extracts X X X X ..... fically mentioned that amount has to be deposited only by way of cash payment - the view taken by the First Appellate Authority, that deposit u/s 35F (i) cannot be made from CENVAT Credit Account, is not the correct appreciation of law so long as the CENVAT Credit is permissible for utilisation as per Rule 3(4) of the CCR, 2004. Appeal filed by the appellant is allowed by way of remand to the F ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5F (i) of the Central Excise Act, 1944 has been paid from the CENVAT Account maintained by the appellant. 3. Shri N.K. Choudhary, Advocate appeared for the appellant. It is their case that there is no bar in amended Section 35F of the Central Excise Act, 1944, that the deposit has to be made in cash only and not from CENVAT Credit Account. 4. Shri S.S. Chattopadhyay, Supdt. (A.R) appeared on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and penalty are in dispute, or penalty, where such penalty is in dispute, in pursuance of a decision or an order passed by an officer of Central Excise lower in rank that the [Principal Commissioner of Central Excise or Commissioner of Central Excise. 5.1 It is observed from the above provisions that it is not specifically mentioned that amount has to be deposited only by way of cash payment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entral Excise Act, 1944. First appellate authority could have a view if debit of mandatory deposit was with respect to personal penalty or payment of interest. 6. In view of the above observations the view taken by the First Appellate Authority, that deposit under Section 35F (i) cannot be made from CENVAT Credit Account, is not the correct appreciation of law so long as the CENVAT Credit is pe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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