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TMI Blog2017 (3) TMI 621X X X X Extracts X X X X X X X X Extracts X X X X ..... they reversed the entire Cenvat credit availed during the material time along with applicable interest - appeal allowed - decided in favor of appellant. - ST/1069,1071/2011 [SM] - FINAL ORDER NO. 51910-51911/2017-ST (SMC) - Dated:- 22-2-2017 - Mr. V. Padmanabhan, Member (Technical) Rep by. Shri Vikas Khandelwal, CA for the Appellants Rep by. Shri Dharam Singh, Advocate for the Respon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ervice, has not been taken under the provisions of Cenvat credit Rules, 2004. During the course of scrutiny of ST returns, the department noticed that the appellant had availed Cenvat credit for making payment of Service Tax. Accordingly, the department took the view that appellant was not entitled to the benefit of abatement under Notification No. 01/2006-ST dated 01.03.2006. Demands for Service ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... #8377; 2,35,478/- has been availed during the period October, 2007 to March, 2008. Likewise, during the period October 2006 to September 2007, the appellant has availed credit to the extent of ₹ 2,71,247/-. The ld. Counsel, during the course of hearing submitted that admitting the mistake, the appellant has reversed the entire disputed Cenvat credit as above. However, the applicable interest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nitio. Such a view has been held by the Hon'ble Supreme Court in the case of Chandrapur Magnet Wires Pvt. Limited vs. CCE 1996 (81) ELT 3 (SC) . I find that the decision has been followed by the Larger Bench of the Tribunal in the case of Franco Italian Co. Pvt. Limited vs. CCE, Mumbai 2000 (120) ELT 792 (Tri. LB) . Further, I find that the Hon'ble Allahabad High Court in the case of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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