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TMI Blog2014 (2) TMI 822X X X X Extracts X X X X X X X X Extracts X X X X ..... t Rules, 2004 read with Circular No. 897/17/2009-CX dated 3.9.2009 - Held that:- provision of limitation are applicable to the recovery of interest - where the credit has not been utilized, the same would not attract the interest provisions - Following decision of Hindustan Insecticiedes Ltd. Vs. CCE, Ltu [2013 (8) TMI 225 - DELHI HIGH COURT], CCE & ST, Bangalore Vs. Bill Forge Pvt. Ltd. [2011 (4) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch resulted in short reversal of CENVAT Credit amounting to Rs. 49,03,104/- during the period 2007-08 2008-09 (upto December, 2008). On pointing out the deficiency of short reversal by the audit party, the appellant debited the CENVAT Credit on account of raw material/inputs cleared to Unit-II and also paid interest of Rs. 2,01,715/- out of total interest Rs. 7,62,404/- as worked out on such sho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urer. The amount of Cenvat Credit reversed by the appellant at the time of clearance of input as such are available to their Unit-II as Cenvat Credit, and thus, there is no loss of revenue whatsoever, and the entire issue is revenue neutral. In support their submission, appellant has relied upon the decision of the Hon'ble Supreme Court given in the case of CCE V/s. Narmada Chematur Pharma [2005(1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d Shri B.B. Sharma, learned DR for the respondent, I find that the short dispute in the present appeal relates to confirmation of interest and in respect of the Cenvat Credit, which the appellant did not reverse along with the clearance of the inputs. The said clearance admittedly took place during the period 2007-08 2008-09 (upto December 2008) and the show cause notice issued on 22.1.2010. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion stand given by the Hon'ble High Court after considering the Hon'ble Supreme Court decision in the case of Union of India Vs. Ind-Swift Laboratories Ltd. [2011 (2650 ELT 3 (S.C.)]. 7. For all the reasons recorded above, I set aside the impugned order confirming interest and allow the appeal with consequential relief to the appellant. (Pronounced in the open Court on 30.12.2013) - - TaxTM ..... X X X X Extracts X X X X X X X X Extracts X X X X
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