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TMI Blog2014 (12) TMI 200X X X X Extracts X X X X X X X X Extracts X X X X ..... ry is granted during pendency of the appeals - Stay granted. - E/21086 & 21087/2014-SM - MISC ORDER Nos. 22674 & 22675/2014 - Dated:- 7-10-2014 - SHRI B.S.V.MURTHY, J. For the Appellant : Mr. Raghavendra.B., Advocate For the Respondent : Mr. Mohd. Yusuf, A.R. ORDER In both the appeals, issue involved is common and therefore, they are taken up together and a common order is being passed. 2. Cenvat credit of more than ₹ 40 lakhs has been denied and demanded with interest and penalty equal to the demand has been imposed. The issue involved is whether the appellant is liable to pay interest on reversal of excess credit availed by them before utilisation. 3. The brief facts of the case are the appellants are en ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4.4. We take note of the fact that in the case of Balmer Lawrie Co. Ltd. (supra), the Tribunal had considered the decision in the case of Bill Forge Pvt. Ltd. (supra) and had observed that in Bill Forge Pvt. Ltd. case, the credit was taken and reversed in the same month which is not a case before us. However, we find that the decision of Hon ble High Court of Madras in case of Strategic Engineering (P) Ltd. [2014-TIOL-466-HC-MAD-CX] is the only decision that has been rendered after amendment of Rule 14 of the Cenvat Credit Rules, 2004 and is the only decision which takes into account the amendment also while arriving at the conclusion. The observations of Hon ble High Court in paragraphs 5 to 12 are relevant and are reproduced her ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at assessee therein is liable to pay interest as well as penalty. 9. The learned counsel appearing for the respondent has contended that the decision reported in 2012 (25) S.T.R. 184 (SC) (Union of India) Vs. Ind-Swift Laboratories Limited) 2011-TIOL-21-SC-CX has been elaborately dealt with in the decision reported in 2012 (26) S.T.R. 204 (Karnataka) (Commissioner of Central Excise S.T Bangalore Vs. Bill Forge Private Limited) - 2011-TIOL-799-HC-KAR-CX 10. In fact, this Court has perused the entire decision reported in 2012 (26) S.T.R. 204 (Karnataka) (Commissioner of Central Excise S.T Bangalore Vs. Bill Forge Private Limited) -(2011-TIOL-799-HC-KAR-CX) and ultimately found that mere taking of CENVAT credit facilities is not at a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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