9911796707
TMI Blog2024 (6) TMI 579X X X X Extracts X X X X X X X X Extracts X X X X ..... ondent is entitled to the benefit of Notification No. 01/2011-C.E. dated 01.03.2011 wherein duty is payable at the rate of 2% in cash, the respondent paid the same along with interest. In these circumstances, the duty paid during the period from April 2012 to June 2012 for clearances to the Indian Railways by utilizing CENVAT Credit is eligible as CENVAT Credit for the respondent. The case of the Revenue is that the respondent is not entitled to avail CENVAT Credit suo moto, but are required to file refund claims. The said issue has been settled by this Tribunal in the case of M/S. CIMMCO LIMITED VERSUS COMMISSIONER CGST CENTRAL EXCISE ALWAR (VICE-VERSA) [ 2019 (7) TMI 1606 - CESTAT NEW DELHI] wherein it was observed ' The fact that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... learance of goods to the Indian Railways, then duty is payable at the rate of 2%, in the month of July 2012, the respondent paid the duty for the period April 2012 to June 2012 at the rate of 2% along with interest, in cash, and took suo moto credit of the duty paid through CENVAT Credit account. 2.1. The Revenue is of the view that suo moto credit cannot be taken by the respondent and thus, proceedings were initiated against the respondent. 3. The ld. adjudicating authority dropped the proceedings against the respondent after verifying the records and has held that the respondent, having paid the duty along with interest, were entitled to the benefit given under Notification No. 01/2011-C.E. He therefore allowed suo moto credit in the CENV ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... later on the said payment was made in terms of Notification No. 01/2011-C.E. dated 01.03.2011, in cash. He therefore submits that the duty paid at the rate of 6% for clearances to Indian Railways was entitled to them as CENVAT Credit, which the respondent had taken suo moto and therefore, the Revenue fell in factual error for holding that the respondent are required to reverse more CENVAT Credit. In these circumstances, it is submitted that the appeal filed by the Revenue deserves no merits. 7. Heard the parties and considered their submissions. 8. We find that it is a fact on record that the respondent had cleared goods to the Indian Railways as well as private companies and during the period from April 2012 to June 2012, the respondent ut ..... X X X X Extracts X X X X X X X X Extracts X X X X
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