2014 (6) TMI 27

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..... ill lying in the books of account and therefore there is no reason for insisting for predeposit of the amount by way of cash - Following decision of Tecumseh Products India P. Ltd. Vs CC & C.E [2011 (3) TMI 632 - CESTAT, BANGALORE] - Matter remanded back - Decided in favour of assessee.
Shri Pradip Kumar Das, J. For the Appellant : Shri J. Shankara Raman, Advocate For the Respondent : Shri P. Arul, Superintendent, (AR) JUDGEMENT Per Pradip Kumar Das 1. The learned Authorised Representative on behalf of Revenue raised a preliminary objection regarding maintainability of the appeal. He submits that the Commissioner (Appeals) dismissed the appeal for non-compliance with stay order in terms of section 35F of the Central Excise Act, 194 .....

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..... igh Court in the case of Hindustan Lever Ltd. (supra) as relied upon by the Ld. A.R is not applicable in the facts and circumstances of the present case. In that case, the petitioner was directed by the Tribunal to predeposit a sum of Rs.50 lakhs on or before 15.3.2006 and on payment of the said predeposit amount, payment of remaining balance part of the duty demanded will stand waived. The petitioner filed a modification application before the Tribunal. But the said modification application was dismissed by the Tribunal. The petitioner challenged the said order before the Hon'ble High Court under writ jurisdiction. The Hon'ble High Court observed that the impugned orders passed by the Tribunal are perfectly legal and unassailable a .....

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..... appeal on the ground of non-compliance of stay order. 5. Ld. AR submits that there is no provision for transfer of the credit from 100% EOU to DTA. He reiterates the finding of the adjudicating authority as well as Commissioner (Appeals). He further submits that it is well settled that when the statute prescribes that a particular act is to be done in a particular manner and failure to comply with the said requirement leads to severe consequences, such requirement would be mandatory. 6. I find that the Tribunal in the case of Tecumseh Products India P. Ltd. Vs CC & C.E - 2011 (269) ELT 401 (Tri.-Bang.) granted stay on the identical issue. It has been observed that prima facie transfer of cenvat credit available in EOU account to the DTA u .....

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