2016 (12) TMI 1163
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....i. - Kolkata)<br>CESTAT KOLKATA - AT (Judgement / Order / Decisions)<br>Dated:- 29-8-2016<br>Excise Appeal Nos. E/75733, 75785, 75809, 75817, 75823, 75826, 75908, 75924, 75925/16 & Service Tax Appeal No. ST/75745/2016 - FINAL ORDER NO. A/75930-75939/16<br>Central Excise<br>H.K. Thakur, Technical Member Sri B.N. Chattopadhyay, Consultant, Sri S.P. Siddhanta, Consultant, Sri J. Banerjee, ....
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....a, first Appellate Authority has disposed of all the appeals filed by the appellants on the grounds that mandatory deposit of duty required to be made under Section 35F (i) of the Central Excise Act, 1944 has been paid from the CENVAT Account maintained by the appellants. 3. Shri B.N. Chattopadhyay, Consultant appeared for the appellants alongwith others. It is their case that....
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....he appellants. Relevant Section is reproduced below: "SECTION 35F. Deposit of certain percentage of duty demanded or penalty imposed before filing appeal-The Tribunal or the Commissioner (Appeals), as the case may be, shall not entertain any appeal- (i) under sub-section (1) of section 35, unless the appellant has deposited seven and a half per cent. Of the duty, in case where du....
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.... taken. In such a case there may not be any need to make pre deposit in cash. Similarly, in the case of demand of duty, if CENVAT Credit is permissible for payment of tax, the same can always be debited from CENVAT Account of an assesse. As per procedure followed by CESTAT Registry at Kolkata, payments made from CENVAT Credit Account are considered as due payments for considering as de....


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