9911796707
TMI Blog2016 (7) TMI 488X X X X Extracts X X X X X X X X Extracts X X X X ..... gularly has not been utilized for payment of Central Excise Duty on removal of the finished goods. Thus, there is no loss of Revenue, and as such, interest demand for late reversal of cenvat credit is not proper. In this context, the Honble Karnataka High Court in an identical set of facts in the case of Bill Forge (2011 (4) TMI 969 - KARNATAKA HIGH COURT ) have held that the assessee have not ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he goods transport agency service utilized for outward transportation of goods which is beyond the place of removal i.e. factory gate. The Department initiated proceedings for recovery of wrongly availed cenvat credit alongwith interest and also for imposition of penalty. The matter was adjudicated vide order dated 31.12.2013 in confirming the proposal made in the Show Cause Notice. Upon communica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce of the finished goods, the credit entry in the Cenvat register should be considered as mere book entry. She further submits that since there is no loss of Revenue to the Government Exchequer in view of the fact that the credit has not been utilised, confirmation of interest liability for late reversal of cenvat credit is not proper and appropriate. To support her said view, the ld. Advocate has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... boratories Ltd. reported in 2012 (24) S.T.R 184 (S.C.) 4. I have heard the ld. Counsel for both sides and perused the records. 5. I find from available records that the cenvat credit taken irregularly has not been utilized for payment of Central Excise Duty on removal of the finished goods. Thus, there is no loss of Revenue, and as such, interest demand for late reversal of cenvat credit is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the appellant, the said judgment of Honble Supreme Court relied on by the ld. D.R. is not applicable to the facts of this case. In view of above, I am of the opinion that interest cannot be demanded from the appellant, since the credit taken has not been utilized for payment of Central Excise duty. Thus, I do not find any merits in the impugned order and the same is set aside. The appeal is a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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