2024 (8) TMI 1403 - HC - Central Excise

Rejection of appellant s preliminary objections - Appellant had raised a preliminary objection that the pre-deposit made by the Electronic Credit Ledger was not valid as due compliance to Section 83 of the Finance Act, 1994 read with Section 35F of the Act - HELD THAT - The preliminary objections by revenue was rejected because the CESTAT rightly concluded that the circular had come into force only on 28th October 2022 and the appeal had been filed much before the circular came into force. Relying upon the judgment of the Hon ble Apex Court in COMMR. OF C. EX., BANGALORE VERSUS MYSORE ELECTRICALS INDUSTRIES LTD. 2006 (11) TMI 202 - SUPREME COURT the CESTAT held that the circular would apply only prospectively. In fact, this court in OASIS REALTY, ROMA BUILDERS PVT LTD. AND MACROTECH DEVELOPERS LIMITED, VERSUS THE UNION OF INDIA, THROUGH THE SECRETARY, (REVENUE) MINISTRY OF FINANCE, DEPARTMENT OF REVENUE, NEW DELHI THE JOINT COMMISSIONER OF STATE TAX, (APPEAL) V, THE DEPUTY COMMISSIONER OF STATE TAX, MUMBAI LTU THE STATE OF MAHARASHTRA 2022 (10) TMI 42 - BOMBAY HIGH COURT has held that assessee may utilize the amount available in the Electronic Credit Ledger to pay 10% of the amount of tax in dispute under Section 107 (6) of the Maharashtra Goods and Services Tax Act, 2017. Appeal dismissed.

Summary

The Bombay High Court dismissed an appeal challenging the rejection of preliminary objections regarding pre-deposit requirements under the Central Excise Act. The court held that the circular on pre-deposit using credit ledger applied prospectively. The appeal was found not maintainable under Section 35G of the Act.