9911796707
TMI Blog2013 (8) TMI 28X X X X Extracts X X X X X X X X Extracts X X X X ..... per judgment of the Hon’ble High Court of Gujarat in the case of Dynaflex Pvt. Ltd. [ 2010 (12) TMI 389 - GUJARAT HIGH COURT], has specifically held that if the credit is taken but not utilised, interest liability does not arise - Issue needs to be gone into detail. Limitation – Waiver of pre-deposit – Held that:- Show cause notice has been issued on 28.07.11 demanding interest from the appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is confirmation of demand of interest on the appellant on the ground that the appellant had availed cenvat credit and reversed the same on their own as ineligible but had not discharged the interest liability as per the provisions of Rule 14 of the Cenvat Credit Rules, 2004. 4. The adjudicating authority has recorded the findings that though the appellant having reversed the cenvat credit had as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at in the case of Dynaflex Pvt. Ltd. 2012 (25) STR 277 (Guj.), has specifically held that if the credit is taken but not utilised, interest liability does not arise. It is also her submission that this Bench has been taking a view that once the provisions are substituted, they should be read as if they are in the statute from the beginning. 6. Ld. D.R. on the other hand would submit that the app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... period 2006-07 and 2009-10. On perusal of the show cause notice, I find that the show cause notice does not invoke any suppression or mis-statement on the part of the appellant and hence as per the decision of the Tribunal in the case of Gujarat Fertiliser s Corporation, wherein this Bench has relied upon the decision of Hon ble High Court of Gujarat, held that for demand of interest also, the ext ..... X X X X Extracts X X X X X X X X Extracts X X X X
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