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TMI Blog2009 (1) TMI 727X X X X Extracts X X X X X X X X Extracts X X X X ..... odvat credit of Additional Customs Duty paid on fuel which was part of the ship imported for breaking. There is no dispute that the credit of CVD taken by the appellants of the duty paid on the fuel was not admissible. The Modvat credit was taken during the month of November 2000, and March, 2001. The final Adjudication order determining duty liability was issued on 21-4-03 and the appellants reve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lf of the appellants submits that while both the authorities at the lower level have discussed the provisions of Section 11AA and its applicability for levy of interest, the authorities have not taken into consideration the fact that the appellants had taken the credit of Additional Customs Duty on the fuel, but they had never utilized the same in view of the fact that the balance of CENVAT credit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d, interest is not chargeable [2006 (205) E.L.T. 24 (Guj.) = 2008 (12) S.T.R. 101 (Guj.) in the High Court of Gujarat at Ahmedabad, J.M. Panchal and Bankim N. Mehta, JJ. Commissioner of Central Excise v. Gupta Steel, Tax Appeal No. 1145 of 2005, decided on 4-4-2006. The learned S.D.R., on the other hand submits that interest is payable in view of the specific provisions under Section 11AA. He also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sioner (Appeals) but is directly applicable to the appellants of the present case. The Hon ble High Court upheld the decision of the Tribunal in that case that the applicants are not liable to pay interest on the amount of credit, which was lying unutilized. Since the Commissioner (Appeals) has not considered the case law cited by the appellants, the matter is remanded back to the Commissioner (Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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