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TMI Blog2019 (12) TMI 606X X X X Extracts X X X X X X X X Extracts X X X X ..... s fact the situation became as if no Cenvat Credit was taken right from the date of taking credit by the appellant. It is observed that though it is the appellants claim that the Cenvat Credit attributed to the trading activity along with interest has been paid and the copy of Cenvat account for the credit reversal as well as challan for the payment of interest has been enclosed. Considering this, the demand of 6% is not sustainable. Appeal allowed - decided in favor of appellant. - Excise Appeal No.12014 of 2018 - A/12204/2019 - Dated:- 11-11-2019 - HON'BLE MEMBER (JUDICIAL), MR. RAMESH NAIR Sh. Amal Dave, Advocate for the Appellant Sh. Rakesh B. Bhashkar, Superintendent (AR) for the Re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /s Commr of C.Ex., CUS. S.T., Hyderabad-I 2016 (41) S.T.R. 523 (Tri.- Bang.) Commissioner of C.Ex., Bangalore-III V/s Himalaya Drug Company 2011 (271) ELT. 350 (Kar.) Mercedes Benz India(P) Ltd. V/s Commissioner of C.Ex.,Pune-I 2015(40) S.T.R. 381(Tri.-Mumbai) 3. Sh. Rakesh Kumar Bhashkar, Learned Superintendent (Authorized Representative) appearing on behalf of the revenue reiterates the finding of the impugned order. He also relied upon the judgment wherein, the assessee s Civil Appeal was dismissed by the Hon ble Supreme Court reported at Lally Automobiles Pvt. Ltd. Vs Commissioner 2019 24 G.S.T.L., J 115 SC. 4. Heard both the sides and perused the record I find that though ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uld amount to satisfaction of the condition. The said decision of the Tribunal Stand confirmed by Hon ble High Court of Gujarat as reported in 2008 (232) E.L.T. 580 (Guj.) = 2008 (12) S.T.R. 701 (Guj.). The appeal filed by the Revenue against the above decision stand rejected by Hon ble Supreme Court as reported in 2009 (240) E.L.T. A41 (S.C.). We further note that Hon ble High Court of Gujarat has also approved the Tribunal s decision in the case of M/s. Maize Products as reported in 2009 (234) E.L.T. 431. M/s. Maize Products offered to reverse the Cenvat Credit at the appeal stage before Tribunal and such offer to reverse was accepted by the Tribunal. The Hon ble High Court of Gujarat approved the above course adopted by the Tribunal. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... opped. Considering the fact that the Cenvat Credit attributed to the exempted/trading activity has been reversed. As regards the judgments cited by the Learned A.R. in the case of Lally Automobiles Pvt. Ltd.(supra), I find that in the said case it was held that Cenvat Credit attributed to the trading activity has to be deducted. In present case also the appellant have reversed the credit along with interest attributed to the trading activity, therefore, the decision in the case of Lally Automobile Pvt. Ltd. is not against the assessee in the given fact. 6. It is observed that though it is the appellants claim that the Cenvat Credit attributed to the trading activity along with interest has been paid and the copy of Cenvat acc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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