TMI Blog2012 (4) TMI 301X X X X Extracts X X X X X X X X Extracts X X X X ..... DEVADHAR, J.) 1. This appeal was admitted on 6th October, 2005 on the following questions of law:- (i) Whether the CESTAT was correct in law in holding that the amount of duty paid vide TR-6 Challan No.39/92-93 dated 9-6- 1992 is deposit and not the duty ? (ii) Whether an amount of Rs.2 lacs paid vide TR-6 Challan No.39/92-93 dated 9-6-1992, which clearly mentioned that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al Ltd. (supra) has been set aside by the Apex Court as reported in 2005 (188) E.L.T. A81. In this view of the matter, the impugned order of the CESTAT dated 5th March, 2004 is quashed and set aside and the matter is restored to the file of the CESTAT for fresh consideration and in accordance with law.
4. The appeal is disposed off accordingly with no order as to costs. X X X X Extracts X X X X X X X X Extracts X X X X
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