9911796707
TMI Blog2016 (11) TMI 421X X X X Extracts X X X X X X X X Extracts X X X X ..... he main issue regarding confirmation of the reversal of the credit itself, the Order-in-Original is not a speaking order, the issue regarding interest raised in the Revenue’s appeal cannot be decided - Appeal is disposed of. - E/85239/15 E/CO/91040/15 - A86461-86462/16/EB - Dated:- 10-3-2016 - Shri S.S. Garg, Member (Judicial) and Shri Raju, Member (Technical) Shri Hitesh Shah, Commissio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... utilized the said credit. They had also argued that they are not liable to penalty as there was no fraud or willful mis-statement or suppression of facts on their part. The Commissioner in his order, inter alia, limited his decision to the determination of liability of interest and penalty under Rule 15(2) of Cenvat Credit Rules, 2004 read with Section 11AC of the Central Excise Act. After exami ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Commissioner failed to notice the decision of Hon'ble Supreme Court in the case of Ind-Swift Laboratories Ltd. and CBE C Circular No. 897/17/2009-Cx dated 3.9.2009. (iii) It was also argued that since the reversal of credit pertain to the financial year 2011-12, the provisions of interest under Rule 14 of the Cenvat Credit Rules, 2004 as they existed prior to 17.3.2012 would be applicable. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the credit itself, the Order-in-Original is not a speaking order, the issue regarding interest raised in the Revenue s appeal cannot be decided. 5. In view of the above facts of this case, the impugned order is set aside so far as it relates to issue of recovery of regular credit and consequential issue raised in the ground of appeal. The impugned order is set aside to that extent and remande ..... X X X X Extracts X X X X X X X X Extracts X X X X
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