2004 (4) TMI 509

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..... per : S.S. Sekhon, Member (T)]. - Appellant is an assessee under the Central Excise Act availing Modvat credit. The demand of Rs. 85,05,958/- imposing penalty of Rs. 10 lakhs along with interest under Section 11AA. On the grounds that consequent to the order-in-appeal filed by the assessee, the assessee has taken credit of Rs. 85,05,958/- on their own. This act was considered to be a gross mis .....

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..... al Excise Act see Morarjee Brembana Ltd. v. CCE - 2003 (157) E.L.T. 657. It is equally settled law that pre-deposit effected would need no refund application. In this connection the reliance placed by the appellant on Delhi High Court decision in case of Voltas Ltd. 1999 (112) E.L.T. 34 (Delhi) is well founded. The board also vide an Order No. 275/37/2000/CX 8A, dated 2-1-2002 have also confirmed .....

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