TMI Blog2018 (4) TMI 1105X X X X Extracts X X X X X X X X Extracts X X X X ..... of Commissioner, LTU, Bangalore Vs. Bill Forge Pvt. Ltd. [2011 (4) TMI 969 - KARNATAKA HIGH COURT], wherein it was held that in case the credit availed stands reversed, without utilization, no interest liability would arise - demand on interest set aside - appeal allowed - decided in favor of appellant. X X X X Extracts X X X X X X X X Extracts X X X X ..... excess accumulated and unutilized credit lying in their books of Cenvat account. In the above scenario, the Revenue initiated proceedings for recovery of interest, which stands culminated into the present impugned order passed by the authority below. 3. It is not disputed fact that the excess credit was lying in the appellant's Cenvat account and the same was not utilized by them prior to the rev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0) ELT 509 (Mad.) as also the Hon'ble Gujarat High Court in the case of CCE Vs. Dynaflex Pvt. Ltd. - 2011 (266) ELT 41 (Guj.) has held that the non-reversal of accumulated and unutilized Cenvat credit before utilization cannot attract interest liability. In as much as the issue stands decided by various Courts and especially by the jurisdictional High Court of Madras, we set aside the impugned ord ..... X X X X Extracts X X X X X X X X Extracts X X X X
|