9911796707
TMI Blog2019 (6) TMI 320X X X X Extracts X X X X X X X X Extracts X X X X ..... f demand in question in the above two appeals leading to denial of credit of duty paid on the capital goods is not justified. It is made clear that the appellant would get the credit of duty paid on the capital goods in accordance with law i.e. 50% in the first financial year and 50% in the subsequent financial year. Apart from that any excess credit availed is required to be reversed back and any excess debit made by them is required to be neutralized. Such exercise can be done by the Original Adjudicating Authority. Demand of Interest - HELD THAT:- The credit, though availed, was not utilized by them and in terms of the Hon ble Karnataka High Court in the case of COMMISSIONER OF CENTRAL EXCISE SERVICE TAX LARGE TAXPAYER UNIT, BANG ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t year itself. 2. The appellant accepted the said mistake and the credit taken in RG 23A Pt.II was reversed by them by making a debit entry on 30.03.2009. Simultaneously they also debited the said amount from their RG 23C Pt.II by the Debit Entry No.209 2013 both dated 30.03.2009. Realizing their mistake that the said debit was not required to be debited in RG 23 A Pt.II they again took the credit of the same vide Credit Entry No195, 196 197 all dated 04.04.2009. They also took 50% of the credit in their RG 23 C Pt.II in respect of the capital goods. Further, a debit entry was made in their RG 23A Pt.II on 30.07.2010. 3. The said confusion on the part of the appellant was attributed to introduction of SAP ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ear and 50% in the subsequent financial year. Apart from that any excess credit availed is required to be reversed back and any excess debit made by them is required to be neutralized. Such exercise can be done by the Original Adjudicating Authority. 6. As regards the confirmation of interest, learned advocate has made it clear that the credit, though availed, was not utilized by them and in terms of the Hon ble Karnataka High Court in the case of Commissioner of Central Excise Service Tax, LTU, Bangalore V/s Bill Forge Pvt. Ltd. reported as 2012 (279) E.L.T. 209 (Kar.) the excess unutilized credit would not call for any confirmation against the appellant. The same is accordingly set aside. 7. As regards pen ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
