2002 (7) TMI 593 - AT - Central Excise

Summary

The Revenue appealed against the order-in-appeal by the Commissioner (Appeals) regarding non-observance of Cenvat Rules, 2001 by the respondents. The adjudicating authority found three defaults by the respondents, barring them from duty availment on a fortnightly basis. However, the Commissioner (Appeals) ruled in favor of the respondents, stating that the duty payment was not defaulted as the amount was deposited in the bank on 3-1-2002 through a cheque and realized on 5-1-2002. The Tribunal rejected the appeal, citing a precedent from the Hon'ble Andhra Pradesh High Court that the receipt of the cheque, not the realization date of its proceeds, constitutes the date of payment of duty.