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TMI Blog2017 (12) TMI 1082X X X X Extracts X X X X X X X X Extracts X X X X ..... 11-12 and 2012-13 - under the provisions of the amended Rule 14 of CCR, 2014 the same shall have retrospective effect and under the admitted fact that they have not applied the credit. I hold that they are not liable to pay interest. CENVAT credit - Electric Generating Set - Held that: - It is admitted fact that there is no stay granted by the Hon'ble Gujarat High Court against the order of the Tribunal. In this view of the matter, I find no merits in the appeal of the revenue. Appeal allowed - decided in favor of appellant-assessee. - E/70760 & 70829/2016-EX [ SM ] - A/71621-71622/2017-SM[BR] - Dated:- 6-10-2017 - Mr. Anil Choudhary, Member (Judicial) Ms Natasha Sarkar, Advocate for Appellant Shri Rajeev Ranjan, Joint Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e period 2011-12 ₹ 5,40,985 for 2012-13) as provided under Rule 6(3) of Cenvat Credit Rules, 2004. The said reversal was done by service tax debit entry No.709 710 both dated 5th September, 2013 but the interest on the said amount had not been paid till the date of SCN. (iii) The next issue was in respect of inadmissible Cenvat credit amounting to ₹ 35,12,170/- availed on services received by assessee in relation to export, which was proposed to be recovered under Rule 14 of CCR, 2004. 3. It is informed by the parties that the issue of Cenvat credit of ₹ 35,12,170/- stands settled and both the parties are not in appeal on this point. 4. So far the issue of ₹ 10,36,382/- relating to non-reversal of pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 77; 154-00 was the interest payable from the date the duty was payable, which they promptly paid. The claim of the Revenue was, though the assessee has not taken or utilized this Cenvat credit, because they admitted the mistake, the assessee is liable to pay interest from the date the entry was made in the register showing the availment of credit. According to the Revenue, once tax is paid on input or input service or service rendered and a corresponding entry is made in the account books of the assessee, it amounts to taking the benefit of Cenvat credit. Therefore interest is payable from that date, though, in fact by such entry the Revenue is not put to any loss at all. When once the wrong entry was pointed out, being convinced, the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al hearing has submitted that the Hon ble Tribunal in the Final Order dated 15/10/2015 reported in 2016 (331) E.L.T. 617 (Tri.-Ahmd.), has set aside the charges of suppression in Para- 17 and 19 of the decision and consequently dropped the demand beyond the normal period of limitation and set aside the imposition of penalty. And also no Show Cause Notice has been issued to M/s Quippo for the period in dispute as the main invoice is dated 24/05/2011. Therefore, once there is no charge of suppression against the supplier, denial of credit in the light of Rule 9(1) (b) is not sustainable. 5.3.10 I find that there is nothing no record to show that for the period in question any demand alleging non-levy or short-levy by reason of fraud, c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 02 dated 23/12/2011 was admissible to the party under the Cenvat Credit Rules. Accordingly, the learned counsel for the assessee prays for allowing the appeal and dismissing the appeal of the revenue. 6. The learned A.R. for revenue in support of the revenue appeal states that against the judgement of this Tribunal (Ahmadabad Bench) in the case of M/s QEPL being Final Order dated 15 th October 2015 reported at 2016 (331) ELT 617 (Tri.-Ahmd.), the revenue preferred appeal before Hon ble Gujarat High Court and as such the matter have not attained finality. Accordingly, it is urged that reliance by the learned Commissioner on the order of the Tribunal was not desirable. Accordingly, it is prayed to allow the appeal on this issue ..... X X X X Extracts X X X X X X X X Extracts X X X X
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