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TMI Blog2018 (11) TMI 492X X X X Extracts X X X X X X X X Extracts X X X X ..... struction that negates the entire scheme of CENVAT credit. Accordingly, the erasure of CENVAT credit in the impugned order cannot be faulted - liability of interest upheld. Penalty u/r 25 and rule 26 of CENVAT Credit Rules, 2004 - Held that:- It is not controverted that the credit so availed has been utilised for any purpose. Moreover, it was only with the insertion of Explanation III in rule 6(3) of CENVAT Credit Rules, 2004 that the ineligibility became unambiguously clear - penalty not warranted. Appeal allowed in part. - APPEAL NO: E/1273/2009 - A/87858/2018 - Dated:- 6-11-2018 - Shri C J Mathew, Member (Technical) And Shri Ajay Sharma, Member (Judicial) Shri Rajesh Ostwal, Advocate for appellant Shri AB Kulgod, Assi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red or produced in such scheduled industries as may be specified in this behalf by the Central Government notified order the duty of excise at such rate as may be specified in the order... and the decision of the Hon ble High Court of Karnataka in TVS Motor Co Ltd v. Union of India [2015 (323) ELT 57 (Kar)] to the effect that 24. Thus, it would indicate that the phrase duties of excise and duty of excise were used interchangeably namely sometimes and plural and sometimes and singular i.e., prior to 12-5-2000. However, said phraseology came to be substituted by phrase viz., Cenvat with effect from 12-5- 2000. In order to overcome the difficulty of replacing these words on entire Central Excise Act, 1944, Section 2A was intro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rity of law to do so. 4. Though the Learned Counsel for appellant attempts to convince that the decision of the Tribunal against them in Mahindra Mahindra Ltd v. Commissioner of Central Excise, Mumbai [2007 (211) ELT 481 (Tri-Mumbai)] is in jeopardy owing to admission of the appeal in Hon ble High Court of Bombay, we are not entirely convinced of our inability to rely upon the decision. It is Revenue which is in appeal against that order of the Tribunal and, thereby, restricting the scope of any reversal to that which was detrimental to Revenue. The finding of the Tribunal that reference to duty of excise in any other law, even if deemed to be duty for the purposes of Central Excise Act, 1944, does not extend to CENVAT Credit Rul ..... X X X X Extracts X X X X X X X X Extracts X X X X
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