9911796707
TMI Blog2014 (10) TMI 202X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the whole amount is inadmissible there would be still more than ₹ 12 lakhs available which has already been reversed but admissible. Assessee would like to end the litigation totally and therefore they would not request for recredit of the CENVAT credit taken by them and in view of the fact that interest payable would be substantially less than the amount of credit admissible, the whole issue can be settled by taking a view that the entire demand is not sustainable but no further credit or debit is required to be made by the appellant - appellant would neither be entitled for CENVAT credit nor would be liable to pay any further amount - Decided partly in favour of assessee. - ST/27225/2013-DB - Final Order No. 21082/2014 - Dated: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... * Daga Nylomet Pvt. Ltd. vs. Commissioner: 1993 (67) ELT 270 (Cal.) * Collector of Central Excise vs. Rajasthan State Chemical Works: 1991 (55) ELT 444 (SC) * UOI vs. Ahmedabad Electricity Co. Ltd.: 2003 (158) ELT 3 (SC) * Union Carbide India Ltd. vs. CCE, Calcutta: 1996 (86) ELT 613 * Mazagaon Dock Ltd. vs. The Commissioner of Income Tax and Excess Profits Tax: AIR 1958 SC 861. * M/s. Coca Cola India Pvt. Ltd. vs. The Commissioner of Central Excise, Pune: 2009 (242) ELT 168 (Bom.) * Commissioner vs. Ultratech Cement Ltd.: 2010 (20) STR 577 (Bom.) Therefore we take a view that appellant is eligible for the benefit of service tax credit. 2.1 As regards CA service, the decision in the case of Dell International Servi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h is admissible to them, the only question that arises is whether the appellant should pay the amount of ₹ 7,78,245/- with interest or should it be sent back for verification. Assuming that the entire amount is payable, it would show that the appellants have already reversed the entire amount of CENVAT credit in dispute in this case. Only interest would be payable on the insurance service. It was also submitted that the reversal took place within about three years from the date of availment of the credit. Therefore, the interest cannot be more than ₹ 4 lakhs whereas after taking the insurance service amount assuming the whole amount is inadmissible there would be still more than ₹ 12 lakhs available which has already been ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
