2003 (8) TMI 266

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....pellant. Shri M.K. Gupta, Jt. CDR, for the Respondent. [Order per : S.S. Sekhon, Member (T)]. -  As per order dated 10-1-2003, the appellants were directed to make a pre-deposit of Rs. 15 lakhs in cash by  28-2-2003 and Bank Guarantee of equivalent amount. The appellants furnished a zerox copy of the Bank Guarantee valid up to 25-2-2004 for the sum of Rs. 15 lakhs and as regards....

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..... - 1999 (35) RLT 427 (Kar.) relied upon by the learned Advocate is wherein the Hon'ble High Court held that payment of amount by a debit entry in RG 23A, Part-II is a compliance by payment in cash and therefore, they dismissed the contempt application. RG 23A, Part-II was an account maintained under the erstwhile Modvat Scheme now replaced by Cenvat Scheme. (b)     &nb....

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....8 and Birla Yamaha Ltd. - 1996 (83) E.L.T. 396 (Tribunal) = 1996 (12) RLT 626 would also lead to the proposition that the debit in the credit account register would amount to payment in cash. In this view of the law the debit made in the present case Cenvat register cannot be questioned as to payments in cash. (c)          The contention of Revenue t....

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....to be deprived of utilisation of the credit in their registers which these decisions permit. (e)         Considering the alternative submissions that this payment should be accepted as a modification to the original Section 35F order and in view of Karnataka High Court decision in Vikrant Tyres Ltd. - 1999 (35) RLT 427 (Kar.). There is no contempt in thei....