2019 (4) TMI 23

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....chnical) Shri M.K. Sarangi, Joint Commissioner (AR), for applicant Shri S.S. Gupta, C.A., for respondent ORDER Per: S.K. Mohanty Heard both sides and perused the records. 2. Revenue has filed these miscellaneous applications, challenging maintainability of appeal filed by the appellant M/s. IDBI Bank Ltd. against the impugned order dated 30.09.2016 passed by the Commissioner of Central E....

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....ppeal, unless the appellant has deposited seven and half percent of the duty or penalty in dispute. On perusal of the impugned order, it reveals that 50% cenvat credit reversed by the appellant under the provisions of Rule 6(3B) of the Cenvat Credit Rules, 2004 was appropriated against the total adjudged demand of service tax confirmed therein. Since such amount paid by the appellant was appropria....

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.... from them, the same should be taken into account for fulfillment of the requirement of Section 35F of the Central Excise Act, 1944 as made applicable to Finance Act, 1994 by virtue of Section 83. In our view, since the CENVAT Credit has been held to be inadmissible as such, it is not available to the appellants for any purpose, even for the payment of the amounts required to be deposited under Se....