2016 (9) TMI 887

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....s a result, a shortage was found in the raw material, involving duty of around Rs. 2,44,680/-. The appellant deposited the said duty with the Revenue along with 25% penalty which totally comes to around Rs. 3,05,850/- approx. 2. On adjudication, the demand was confirmed against them. However on appeal, Commissioner (Appeals) allowed the assessees appeal thus making them entitled to the refund of deposited amount. The appellants accordingly, filed claim for refund as a consequence of the Commissioner (Appeals) order. The said refund claim was taken up for adjudication by the original adjudicating authority who sanctioned the same but appropriated it towards the outstanding demand of Rs. 8 crores approx. 3. The appellants did not challe....

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....ter of challenge before the Tribunal. The Tribunal while passing the stay order in that matter directed the appellant to deposit Rs. six crores. The said stay order was challenged by the appellant before the Hon'ble Delhi High Court, who reduced the amount of deposit to Rs. 1.50 crores, with the directions to give bond for the balance amount. Such order of the Hon'ble Delhi High Court stand complied with by them. It is the contention of the appellant that the directions of the Hon'ble Delhi High Court having been complied with by them by depositing an amount of Rs. 1.50 crores in cash, there was no justification for the Revenue to adjust the refund amount towards the above outstanding demand. The present proceedings are independent of ea....