2011 (1) TMI 1016 - AT - Central Excise

Duty demand with interest - calculation of interest - CENVAT credit reversed but they did not pay interest - Held that - As there is no dispute that the respondents were not entitled for the credit on the items in question. The interest is leviable on wrongly utilised credit is also not in dispute. Thus agreeing with the respondent s contention that the interest liability would arise from the date of wrong utilisation of credit in view of the judgment of Commissioner of Central Excise, Delhi vs. Maruti Udyog Ltd. (2006 (10) TMI 63 - HIGH COURT,PUNJAB & HARYANA). In the instant case, interest has been calculated from the date of credit taken. Therefore, the quantum of interest has to be calculated from the date of wrong utilisation of the credit - case is remanded to the adjudicating authority for the limited purpose of re-quantifying the interest.

Summary

Issues:
- Appeal against setting aside duty demand with interest
- Eligibility of CENVAT credit on certain items
- Calculation of interest from the date of credit taken or utilisation

Analysis:
1. Appeal against setting aside duty demand with interest:
The appeal was filed by the Revenue against the Orders-in-Appeal that set aside the duty demand with interest confirmed by the adjudicating authority. The Commissioner (Appeals) overturned the order, leading to the present appeal. The Revenue contended that the respondents were not eligible for the CENVAT credit on certain items, and despite this, they availed and utilized the credit. The Revenue argued that the Commissioner's decision was not legally sustainable and sought restoration of the adjudicating authority's order.

2. Eligibility of CENVAT credit on certain items:
The case involved the respondent, engaged in manufacturing paints, who availed CENVAT credit on capital goods like racks and lamp poles which were deemed ineligible for such credit. The respondents reversed the wrongly availed credit but did not pay the interest amount. The dispute centered around the eligibility of the respondents for the credit on the items in question. Both parties agreed that the respondents were not entitled to the credit, leading to a focus on the calculation and liability of interest.

3. Calculation of interest from the date of credit taken or utilisation:
The key contention between the Revenue and the respondent was the calculation of interest. The Revenue argued for interest to be calculated from the date of credit taken, while the respondent asserted that interest should be levied from the date of wrong utilization of credit. The Tribunal, concurring with the respondent's argument, referred to a judgment by the Hon'ble Punjab & Haryana High Court. It was decided that interest liability arises from the date of wrong utilization of credit, necessitating a recalculation of interest from that date until the payment of the wrongly availed CENVAT credit.

In conclusion, the Tribunal remanded the case to the adjudicating authority to re-quantify the interest from the date of wrong utilization of credit till the repayment of the credit, emphasizing the need for a reasonable opportunity of hearing for the appellant. The appeal was allowed by way of remand, aligning with the principle that interest liability arises from the date of wrongful credit utilization, as established by legal precedent.