2008 (2) TMI 195

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..... liability - entries remain merely as entries without any effect on the Government’s revenue - moreover credit was reversed immediately after audit pointed out the lapse - demand of interest is not justified - allow the appeal with consequential relief
Shri T. K. Jayaraman Member (T) Shri R. Daskina Murthy, Advocate for the appellants. Shri K. Sambi Reddi, Authorised Representative (JDR) for .....

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..... at they were not legally bound to pay the interest, the appellants filed refund claim. A show cause notice was issued for rejection of refund claim. The lower authority rejected the same. The order of the lower authority was upheld by the Commissioner (A) in the impugned order. 3. The learned Advocate stated that even though the appellants had taken the credit, they never utilized it and when the .....

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..... Vs. Ranvaxy Lab. Ltd. - 2005 (187) ELT 337 (Tri.-Del.) (ii) Siddaganga Cements Pvt. Ltd. Vs. CCE, Bangalore - 2003 (156) ELT 923 (Tri.-Bang.) (iii) Kalpataru Power Transmission Ltd. Vs. CCE, Ahmedabad - 2006 (194) ELT 99 (Tri.-Mumbai) 5. During the course of hearing, it was pointed out that in the case of Siddaganga Cements Pvt. Ltd. cited supra, which was decided against the party by the Tribu .....

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