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2018 (7) TMI 1186 - AT - Central ExciseDeposit of Tax as per Rule 8 (3A) of Central Excise Rules, 2002 - it so happened that one cheque was deposited in the correct running account of the assessee whereas the other cheque was inadvertently deposited in another account, which was in operation prior to the subsequent account - Revenue refused to receive the payment made in the earlier account, though the same was active and the duty deposited in the said account, in the name of the Exchequer was accepted by the Bank - Held that - Revenue has not doubted the fact that the second account was also belonging to the same assessee and the money deposited in the second account has gone to the Exchequer. In such circumstances, Revenue s objection cannot be appreciated - appeal dismissed - decided against Revenue.
Issues: Appeal against order passed by Commissioner (Appeals) regarding deposit of tax in incorrect account.
Analysis: Issue 1: Deposit of tax in incorrect account. The appellant deposited tax in two accounts, with one cheque mistakenly deposited in a different account. The Revenue refused to accept the payment made in the earlier account, despite the account being active and the duty being deposited in the Exchequer. The Commissioner (Appeals) noted that both accounts belonged to the same assessee, and the deposit in the second account was valid as it went into the Exchequer. The Commissioner did not agree with the Revenue's demand for the respondent to repay the duty amount with interest. The Tribunal found no fault in the Commissioner's decision, emphasizing that the money deposited in the second account ultimately reached the Exchequer. Therefore, the Tribunal rejected the Revenue's appeal. In conclusion, the Tribunal upheld the Commissioner (Appeals) decision, ruling in favor of the respondent and rejecting the Revenue's appeal based on the valid deposit of duty in the second account belonging to the same assessee. This detailed analysis covers the issues involved in the legal judgment, providing a comprehensive overview of the facts, arguments, and the final decision rendered by the Tribunal.
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