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TMI Blog2012 (11) TMI 116X X X X Extracts X X X X X X X X Extracts X X X X ..... During the months October 2005 and March 2006, the respondent has taken cenvat credit of service tax on input services before they had made the actual payment for the services received and the tax thereon. When this was pointed out, the assessee promptly reversed the cenvat credit taken by them in the month of December 2006. Thereafter, show cause notice was issued proposing to appropriate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o Revenue as per the provisions of Cenvat Credit Rules, interest is payable whether the credit has been utilized or not during the relevant period. 3. Heard both the sides. Learned AR submits that the decision of the Hon'ble Supreme Court in the case of Ind-Swift Laboratories Limited - 2012 (25) S.T.R. 184 (S.C.) = 2011 (265) E.L.T. 3 (S.C.)] has given finality to the issue regarding liabili ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... test the demand for cenvat credit at all and simply reversed it and assumed that the matter has reached the end. However, the Revenue chose to issue a show cause notice on 7-5-2008 i.e. more than one year after the payment was made by the assessee and more than two years after the credit had been taken. Obviously, without invoking extended period demand or appropriation of amount paid could not ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ceedings were initiated and there was no decision during the relevant time taking a view in favour of the appellant, appellant would have challenged the demand for cenvat credit, interest and penalty. Under these circumstances, because of change in the law, the decision of the Commissioner (Appeals) also which was rendered taking the legal interpretation as existing during the relevant time also n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ue, it is necessary, if the legal interpretation has been changed the matter is considered afresh. Accordingly, in the interest of justice, I feel that the matter is required to be remanded to Commissioner (Appeals) for fresh decision after taking into account the changes in the law and submissions that may be made by the respondents, who shall consider the matter afresh after giving reasonable op ..... X X X X Extracts X X X X X X X X Extracts X X X X
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