2013 (8) TMI 349

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..... ent appeal. A short issue involved in these appeal is whether payment has to be considered as having been deposited on the date of cheque or the day when same is encashed by the bank. For better appreciation of dispute and reasoning adopted by the Commissioner (Appeals) for allowing the appeal, I reproduce the relevant para of the order:- In terms of above given report of the State Bank of Bikane .....

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..... f credit, penalty - When cheques presented encashed by Revenue, and no cheque dishonoured, date of presentation of cheque has to be taken as the relevant date for taking credit even when there is a gap of few days between date of presentation of cheque to banker and date of actual realisation of amount by Revenue - Such delay not a ground for imposition of penalty - Section 3 of Central Excise Act .....

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..... and the Revenue in their memo of appeal had not advanced any ground for not following the decision inspite of appellate authority has followed the declaration of law made by the higher appellate forum. I find no reason to interfere with the impugned order of the Commissioner (Appeals). The Revenues appeal is accordingly rejected. (Pronounced in the open court)
Case laws, Decisions, Judgement .....

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