9911796707
TMI Blog2006 (5) TMI 352X X X X Extracts X X X X X X X X Extracts X X X X ..... Shri S. Das, SDR, for the Respondent. [Order per : C.N.B. Nair, Member (T)]. The appellant is a multi-product company manufacturing water pumps, gensets and engines. One of them, namely, water pump set, was eligible for partial exemption, under Notification 10/02-C.E., dt. 1-3-02. Under this notification, duty was required to be paid only at 4% (against the normal rate of 16%) provided ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion relating to payment of duty in cash or account current . 3. The submission of the appellant is that the debit of duty from cenvat account also should be treated as satisfying the condition of payment of duty from account current since it is settled law [2005 (183) E.L.T. 351 (Bom.)] that Cenvat account is the same as account current. 4. The appellant has also an alternative submission t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Counsel has pointed out that similar dispute in relation to irregular availment of Modvat credit had been the subject matter of judgment by Hon ble Supreme Court, High Court and the Tribunal and it has been held that reversal of credit so as to neutralise the effect of taking ineligible credit is sufficient to satisfy the condition in the notification. Specific reliance is placed on the decision o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of duty from current account and Cenvat credit. The appellant had made duty payment from PLA to the extent of almost five times the duty required to be paid from that account on pump sets while all those payments could be made from cenvat account. Apparently, it is only an error in making debits from the two accounts. The appellant has also not violated the more substantial condition that no cen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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