2007 (2) TMI 382

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....ation against the respondent company and the other parties regarding diversion of chemicals imported under DEEC scheme. During the course of investigation, the respondent company paid deposits towards duty liability and penalty which may arise during adjudication. Finally, no duty demand has been confirmed against the respondent company and only certain penalties was imposed. (b)     The original authority after adjusting the penalty imposed on the respondent ordered refund of the balance amount. (c)     On appeal filed by the Department, the Commissioner (Appeals) concurred with the findings of the original authority.           The Commissioner (A....

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....termined shall be credited to the fund'. The provision makes it clear that only that amount can be credited to the fund, which was being refunded as duty or interest paid on such duty. In the instant case, the amount being refunded is neither part of the duty nor any interest paid on such duty. Hence the amount cannot be credited to the fund. 13. The issues referred by the appellant Assistant Commissioner is answered as follows :           (i) The evidences discussed above do not suggest that the amount deposited by the respondent was on behalf of Shri M.C Desai or any other company/firms on which demands of duty have been confirmed by the Commissioner of Customs vide Orders-in-Or....