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TMI Blog2017 (5) TMI 1450X X X X Extracts X X X X X X X X Extracts X X X X ..... count maintained by the appellants - Held that: - deposit u/s 35F (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 CCR, 2004 - appeal is allowed by way of remand to the First Appellate Authority with directions to decide the appeal on merits without insisting on any further pre- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no bar in amended Section 35F of the Central Excise Act, 1944, that the deposit has to be made in cash only and not from CENVAT Credit Account. 4. Shri S.Dasgupta, DC(A.R) appeared on behalf of the Revenue and reiterated the findings given by the First Appellate Authority. 5. Heard both sides and perused the appeal records. The issue involved in the present proceedings is whether mandatory depo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ommissioner of Central Excise" 5.1 It is observed from 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 15.02.2016 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 adm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Appellate Authority, that deposit under Section 35F (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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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