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TMI Blog2016 (12) TMI 1168X X X X Extracts X X X X X X X X Extracts X X X X ..... the Central Excise Act 1944, is required to be paid in cash or the same can be paid from CENVAT Credit Account maintained by the appellants? - Held that: - it is not specifically mentioned in section 35F, that amount has to be deposited only by way of cash payment. Rule 3(4) of CENVAT Credit Rules, 2004 says that In a case of dispute about admissibility of CENVAT Credit, ultimate action agains ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (4) of the CENVAT Credit Rules, 2004 - The appellants are allowed by way of remand to the First Appellate Authority with directions to decide the appeals on merits - Appeal allowed by way of remand. - Excise Appeal No.E/76008/2016 - FINAL ORDER NO. FO/A/75980/2016 - Dated:- 31-8-2016 - SHRI H.K. THAKUR, TECHNICAL MEMBER Shri Tuhin Sinha (A.R.), FOR APPELLANT(S) S.S. Chattopadhyay, Sup ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deposit has to be made in cash only and not from CENVAT Credit Account. 4. Shri S.S. Chattopadhyay, Supdt. (A.R.) appeared on behalf of the Revenue reiterated the findings given by the First Appellate Authority. 5. Heard both sides and perused the case records. The issue involved in the present proceedings is whether mandatory deposit of seven and half per cent as per Section 35F (i) of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom the above provisions that it is not specifically mentioned that amount has to be deposited only by way of cash payment. First Appellate Authority in para 3.1 of Order-in-Appeal dated 15/3/2016 has discussed Rule 3 (4) of the CENVAT Credit Rules, 2004 indicating the situation where CENVAT Credit can be utilised. In a case of dispute about admissibility of CENVAT Credit, ultimate action against ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (i) cannot be made from CENVAT Credit Account, is not the correct appreciation of law so long as the CENVAT Credit is permissible for utilisation as per Rule 3(4) of the CENVAT Credit Rules, 2004. Accordingly, appeal filed by the appellant is allowed by way of remand to the First Appellate Authority with directions to decide the appeal on merits. (Dictated and pronounced in the open Court) - ..... X X X X Extracts X X X X X X X X Extracts X X X X
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