9911796707
TMI Blog2018 (2) TMI 218X X X X Extracts X X X X X X X X Extracts X X X X ..... - demand upheld - appeal dismissed - decided against appellant. X X X X Extracts X X X X X X X X Extracts X X X X ..... the provider of the output service and the provisions of sections 11A and 11AB of the Excise Act or sections 73 and 75 of the Finance Act, shall apply mutatis Mutandis for effecting such recoveries." 7. The said Rule has been interpreted by the Hon'ble apex Court in case of Ind Swift Laboratories has held as follows:- "17. We have very carefully read the impugned judgment and order of the High Court. The High Court proceeded by reading it down to mean that where CENVAT credit has been taken and utilized wrongly, interest should be payable from the date the CENVAT credit has been utilized wrongly for according to the High Court interest cannot be claimed simply for the reason that the CENVAT credit has been wrongly taken as such avail ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is clear and unambiguous as it exists all by itself. So far as Section 11AB is concerned, the same becomes relevant and applicable for the purpose of making recovery of the amount due and payable. Therefore, the High Court erroneously held that interest cannot be claimed from the date of wrong availment of CENVAT credit and that it should only be payable from the date when CENVAT credit is wrongly utilized. Besides, the rule of reading down is in itself a rule of harmonious construction in a different name. It is generally utilized to straighten the crudities or ironing out the creases to make a statute workable. This Court has repeatedly laid down that in the garb of reading down a provision it is not open to read words and expressions no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... individual zeal of going wayward. Yet in spite of this, if the impugned legislation cannot be saved the courts shall not hesitate to strike it down. Similarly, for upholding any provision, if it could be saved by reading it down, it should be done, unless plain words are so clear to be in defiance of the Constitution. These interpretations spring out because of concern of the courts to salvage a legislation to achieve its objective and not to let it fall merely because of a possible ingenious interpretation. The words are not static but dynamic. This infuses fertility in the field of interpretation. This equally helps to save an Act but also the cause of attack on the Act. Here the courts have to play a cautious role of weeding out the wil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore, the attempt of the High Court to read down the provision by way of substituting the word OR by an AND so as to give relief to the assessee is found to be erroneous. In that regard the submission of the counsel for the appellant is well-founded that once the said credit is taken the beneficiary is at liberty to utilize the same, immediately thereafter, subject to the Credit rules" 8. The appellants have sought to rely on the decision of Hon'ble High Court of Karnataka in Bill Forge Pvt. Ltd. (supra). However, after considering the decision of the Hon'ble High Court of Karnataka in the case of Bill Forge Pvt. Ltd. (supra) the Hon'ble High Court of Bombay in the case of GL & V India 2015 (321) ELT 611 has distinguished the same and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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