9911796707
TMI Blog2006 (7) TMI 196X X X X Extracts X X X X X X X X Extracts X X X X ..... held that Commissioner in impugned order is not justified in holding that the clearance of the cheques by the Bank should be the date of payment of duty - held that deposit of cheques towards payment of duty, if not dishonoured later, satisfies the requirement of payment of duty - EDM/479/2003 - A/763/KOL/2006 - Dated:- 14-7-2006 - Ms. Archana Wadhwa, Member (J) and Shri S.S. Sekhon, Member (T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s credited into Government account. Accordingly he has held that the clearance of the cheques by the Bank should be the date of payment of duty and inasmuch as the appellants in the present case, though presented the cheques in time, have to be held guilty of defaulting in discharge of Central Excise duty for the relevant period in question. He has accordingly imposed personal penalty of Rs. 2 lak ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y be noted here that the Commissioner has not followed the High Court's decision on any distinction of facts or legal point but on the simple ground of his personal disagreement with the same, which is not in accordance with the judicial principle. 3. In any case, we find that the Larger Bench of the Tribunal in the case of CCE, Jaipur-I v. Genus Overseas Electronics Ltd., (2003 (155) E.L. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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