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TMI Blog2003 (8) TMI 266X X X X Extracts X X X X X X X X Extracts X X X X ..... the Respondent. [Order per : S.S. Sekhon, Member (T)]. As per order dated 10-1-2003, the appellants were directed to make a pre-deposit of Rs. 15 lakhs in cash by 28-2-2003 and Bank Guarantee of equivalent amount. The appellants furnished a zerox copy of the Bank Guarantee valid up to 25-2-2004 for the sum of Rs. 15 lakhs and as regards the cash deposit, they have made a debit entry in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... held that payment of amount by a debit entry in RG 23A, Part-II is a compliance by payment in cash and therefore, they dismissed the contempt application. RG 23A, Part-II was an account maintained under the erstwhile Modvat Scheme now replaced by Cenvat Scheme. (b) The Tribunal held in the case of C.C.E., Hyderabad v. Siri Sri Plastics (P) Ltd. - 2002 (150) E.L.T. 547 (T) = 2002 (51) RL ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d as to payments in cash. (c) The contention of Revenue that the appellants were an EOU unit and were not therefore, entitled to any credit during the period, the present demands came to be determined on them. That, they subsequently have obtained a registration as Domestic Tariff Area (DTA) unit. Therefore, they would not be eligible for the benefit of decisions relied upon by the lear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Tribunal after making such an entry, we find force in this argument and would consider therefore acceptance of the credit as made along with the bond executed to be due compliance of the 35F order. 3. Consequently, we direct that the matter be listed in its normal course, since no application for expeditiously hearing has been made in writing or orally before us. - - TaxTMI - TMITax - Ce ..... X X X X Extracts X X X X X X X X Extracts X X X X
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