2010 (3) TMI 512

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..... g interest payable. Held that – in the light of the decision of Ind-Swift Laboratories Ltd. v. UOI [2009 (7) TMI 98 - PUNJAB & HARYANA HIGH COURT], holding that no interest chargeable. - E/4/2010 - 298/2010 - Dated:- 11-3-2010 - Dr. Chittaranjan Satapathy, Member (T) Shri M. Saravanan, Consultant, for the Appellant. Shri T.H. Rao, SDR, for the Responden .....

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..... le High Court of Punjab Haryana in the case of Ind-Swift Laboratories Ltd. v. UOI reported in 2009 (240) E.L.T. 328 (P H), which in para-11 thereof holds as under :- "Reliance of respondents on Rule 14 of the Credit Rules that interest under Section 11AB of the Act is payable even if CENVAT credit has been taken. In our view, said clause has to be read down to mean that where CENVAT credit h .....

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..... vat credit taken wrongly. While doing so, it curiously states that the order of the Hon'ble Supreme Court in the case of CCE, Delhi III v. Maruti Udyog Ltd. - 2007 (214) E.L.T. A50 (S.C.) is a decision and not a judgment. To my understanding, such a distinction cannot be made and moreover, whether it is a decision or a judgment, when delivered by the Hon'ble Supreme Court, the same has to be respe .....

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