2018 (4) TMI 1455

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....MOHANTY Brief facts of the case are that the appellant was engaged in the manufacture and clearance of copper ingots and rods, falling under Chapter 74 of the First Schedule to the Central Excise Act, 1985. During the period 2005-06, the Department investigated the matter of clandestine removal of goods and initiated show cause proceedings against the appellant for confirmation of the duty demand....

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....Court were pleased to modify the order of the Tribunal in reducing the pre-deposit amount from Rs. 6.00 crores to Rs. 1.5 crores. Such amount as directed by the Hon'ble Delhi High Court was deposited by the appellant through cash as well as by utilising the Cenvat Credit account. On compliance of the stay order, the appeal was taken up for hearing by the Tribunal, which was disposed of by Final or....

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....s held that since Rs. 10.00 Lakhs was debited through the Cenvat Account, refund of such amount should be restored to the Cenvat Account only. 2. Feeling aggrieved with the impugned order, the appellant has preferred this appeal mainly on the ground that the factory of the appellant has already been closed and if the refund amount is restored to the Cenvat Account, the same will not solve any pur....

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....d order. 4. Heard both sides and perused the case records. 5. The facts are not under dispute that the appellant was entitled to avail the Cenvat credit of Central Excise duty paid on the inputs/ capital goods for utilisation of the same as per the provisions contained in the Cenvat statute. At the time of making payment of the pre-deposit amount, as per the directions of the Hon'ble Delhi High ....