2013 (11) TMI 1629

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..... dent. ORDER Being aggrieved with the order passed by Commissioner (Appeals), revenue has filed the present appeal. 2. The respondents had obtained central excise registration for manufacture of various excisable goods on 6-9-2000. However, they had not installed the furnace and plant & machineries required for the manufacture of finished excisable goods even after a lapse of five years. Bu .....

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..... s power plant could not be used captively for manufacture of any excisable goods. Thus the credit so availed by the respondents appeared to be inadmissible. Therefore, three show cause notices were issued to the respondents for recovery of credit availed totally amounting to ₹ 62,97,587/- along with interest payable and for imposition of penalty. The lower authority has disallowed the credit .....

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..... In the case of Commissioner of Central Excise, Pune v. SKF India Ltd. [2009 (239) E.L.T. 385 (S.C.)] was considered by the Hon'ble Karnataka High Court in the case of Commissioner of Central Excise & Service Tax, Bangalore v. Bill Forge Pvt. Ltd. [2012 (26) S.T.R. 204 (Kar.) = 2012 (279) E.L.T. 209 (Kar.)]. It was held that if the credit availed by an assessee is reversed before utilization of th .....

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