2011 (7) TMI 258

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..... s a Revenue's appeal against the order passed by the Customs, Excise and Service Tax Appellate Tribunal (hereinafter called as 'Tribunal' for brevity) which held that the confirmation of interest is bad and therefore, set aside the same.   2. A reading of the impugned order shows that the Tribunal has proceeded on the assumption that what is involved in the appeal is as to whether the appell .....

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..... olve the assessee from paying the tax.   4. Per contra, learned counsel for the assessee submitted that unfortunately that was not the question which was before the Tribunal and it has given relief to the assessee by following the aforesaid judgements which had no application to the facts of the case.   5. The case of the assessee is that he had availed Cenvat credit for the goods manf .....

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..... n nature. In the instant case, there is no delay in payment of duty. The delay is in reversal of Cenvat credit. Consequently, the Revenue did not suffer any loss because from 9.7.2004 the products manufactured by the assessee were completely exempted from tax. Therefore, it is submitted that in those circumstance, the assessee contended that he is not liable to pay interest. In spite of appreciati .....

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