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2017 (11) TMI 817 - AT - Central ExciseRefund of interest paid - Department s case is that the appellant was liable to reverse CENVAT credit as on 31/03/2015. However, it reversed the credit only on 29/07/2015 - appellant case is that they had sufficient balance in the CENVAT credit account and they have not utilised the CENVAT credit and therefore in view of the provisions of Rule 14(1)(i), appellants are not liable to pay interest and the interest paid by them is liable to be returned to them - Held that - On perusal of Rule 1491)(i) and Rule 14(1)(ii), it is clear that when the CENVAT credit has been wrongly availed but not utilised, interest cannot be recovered. The appellant had sufficient balance in the CENVAT credit account and they have not utilised the CENVAT credit and therefore in view of the provisions of Rule 14(1)(i), appellants are not liable to pay interest and the interest paid by them is liable to be returned to them. Appeal allowed - decided in favor of appellant.
Issues: Appeal against rejection of refund of interest paid for reversal of CENVAT credit.
Analysis: The appeal in question was filed against the Commissioner(Appeals)'s decision to reject the appellant's appeal and uphold the Order-in-Original concerning the refund of interest paid for the reversal of CENVAT credit. The appellant, engaged in manufacturing various products falling under different chapters of the Central Excise Tariff Act, created a provision in the books of accounts for writing down the value of inputs for the financial year 2014-15. The appellant reversed CENVAT credit and paid interest, but later realized the interest was not due as the provision entry was made after the date on which the reversal should have occurred. The appellant sought a refund, which was rejected by the original authority and the Commissioner(Appeals), leading to the present appeal. The appellant argued that the impugned order misinterpreted Rule 3(5B) and Rule 14 of the CENVAT Credit Rules, 2004. They contended that the provision entry for writing off the value of inputs cannot be made before a certain date as it requires evaluating inventory and work in progress. The appellant highlighted that the entry was passed on 19/11/2015, but it was effective from 31/03/2015, aligning with accounting standards and Income Tax provisions. They emphasized that the reversal of CENVAT credit was done on an adhoc basis before the provision entry, and thus, interest should be refunded. The appellant also demonstrated that they had sufficient balance in the CENVAT credit account during the relevant period, absolving them from paying interest as per Rule 14(1)(i) of the CCR. On the other hand, the learned AR supported the findings of the impugned order. After considering the arguments from both sides and examining the records, the tribunal referred to Rule 14(1)(i) and Rule 14(1)(ii) of the CCR. The tribunal observed that in cases where CENVAT credit was wrongly availed but not utilized, interest cannot be recovered. In this instance, the appellant had not utilized the CENVAT credit during the period in question and had sufficient balance, leading to the conclusion that they were not liable to pay interest. Consequently, the tribunal set aside the impugned order, allowing the appeal of the appellant and directing for the refund of interest paid. In conclusion, the tribunal's decision was based on a thorough analysis of the relevant rules and the specific circumstances of the case, ultimately leading to the appellant's success in obtaining a refund of the interest paid for the reversal of CENVAT credit.
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