KRISHNA AND CO. Vs. COLLECTOR OF CENTRAL EXCISE

JUDGEMENT

(1.) THIS matter relates to the return of a cash deposit amounting to Rs. 2,17,389/ - and National Saving Certificates for Rs. 60,000/ - furnished as security by the appellants in Appeal No. E/1787/93 -NB(SM) to meet the requirements of Section 35F of the Central Excise Act, 1944. Later their appeal was allowed by way of remand as per Final Order dated 3 -10 -97 of the Tribunal.

(2.) IN this context since the departmental authority had failed to return the aforementioned cash deposit and the NSCs, the Tribunal vide Misc. order dated 6 -7 -2000 directed Shri B.L. Sharma, Assistant Commissioner, Central Excise, Bhewadi to appear personally before the Bench at 10.30 hrs on 17 -8 -2000. He was also directed to produce entire records of the proceedings under reference.

(3.) ACCORDINGLY , the matter is listed today. Shri B.L. Sharma, Assistant Commissioner of Central Excise, is present in person. When the case was called, Shri J.S. Aggarwal, Advocate of the appellants submitted that the Departmental Authorities have already returned the National Savings Certificates of Rs. 60,000/ - to his clients. Shri B.L. Sharma, Assistant Commissioner stated that out of total amount of Rs. 2,17,389/ - liable to be returned to the appellants the sum of Rs. 1,77,389/ - was paid by them through their RG 23A Part II account vide debit entry No. 615, dated 12 -3 -1994. The Department is, therefore, liable to return only a sum of Rs. 40,000/ - in cash to the party. Shri J.S. Aggarwal, ld. Advocate for the appellants is not contesting this submission of the Department.