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June 2012

Pre-deposit by way of debiting CENVAT Account allowed.

By Puloma Dalal
Jayesh Gogri
Chartered Accountants
Reading Time 1 mins
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(2012) 26 STR 354 (Tri.-Kolkata) — Nicco Corporation Ltd. v. CCEC&S.

Pre-deposit by way of debiting CENVAT Account allowed.


Facts:

The appellant was directed to make pre-deposit of an amount as a condition of hearing appeal before the Commissioner (Appeals). The appellant debited the amount in CENVAT credit account. The Commissioner (Appeals) took a view that this did not amount to pre-deposit and rejected the appeal.

Held:

The Tribunal disposed of the stay petition holding that pre-deposit made by debiting CENVAT account was sufficient compliance and directed the Commissioner (Appeals) to hear the matter and decide the issue on merits after giving reasonable opportunity of hearing without further pre-deposit since the matter was not decided on merits.

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