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TMI Blog2017 (3) TMI 125X X X X Extracts X X X X X X X X Extracts X X X X ..... t u/s 35F (i) cannot be made from CENVAT credit account, is not correct interpretation of law as long as the CENVAT credit is permitted for utilization under Rule 3 (4) of the CCR, 2004 - appeal remanded to decide the case on merits - appeal allowed by of remand. - Ex. Appeal Nos.76163-76165/16 - FO/A/75154-75155/2017 - Dated:- 22-2-2017 - Shri P. K. Choudhary, Judicial Member None for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... un-utilized CENVAT credit account maintained by the appellant. 4. Shri A. K. Biswas, ld.A.R. for the Revenue, reiterated the findings given by the lower appellate authority. 5. Heard the ld.A.R. for the Revenue and perused the appeal records. 6. The issue involved in the present proceedings is whether the mandatory deposit of 7.5% as per Section 35F (i) of the Central Excise Act is requi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from the above provision that it is not specifically mentioned that amount has to be deposited only by way of cash payment. The lower appellate authority in para 3.1 of the Order-in-Appeal dated 15.03.2016 has discussed Rule 3 (4) of the Cenvat Credit Rules, 2004 indicating the situation when CENVAT credit can be utilized. In case of dispute regarding the admissibility of CENVAT credit, if found ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... decided the issue on merit, but dismissed the appeal as being non-maintainable for failure to deposit the amount of mandatory predeposit of 7.5% of the duty amount, holding that the payment from CENVAT credit account cannot be entertained as proper payment of predeposit. In my considered view, the view taken by the lower appellate authority that the deposit under Section 35F (i) cannot be made fr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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