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2015 (4) TMI 1029 - AT - Central ExciseLevy of interest on Reversal of cenvat credit - Held that:- Adjudicating authority has demanded credit interest of ₹ 50,827/- and imposed penalty of ₹ 10,000/- which was set aside by the Commissioner (Appeals) in the impugned order. On perusal of the order, I find that the LAA by relying on the Tribunal s decisions against TATA Motors Ltd. Vs CCE Jamshedpur [2004 (8) TMI 276 - CESTAT, KOLKATA] and Gokulam Spinners Vs CCE [2004 (9) TMI 648 - CESTAT CHENNAI] and other decisions had allowed the appeal and set aside the interest and penalty. In this regard, I find that the Tribunal s Principal Bench at Delhi on identical issue in the case of Gurhmehar Construction Vs CCE Raipur (2014 (7) TMI 849 - CESTAT NEW DELHI) had allowed the appeal by relying Hon ble High Court s decision in the case of Commissioner Vs Bill Forge Pvt. Ltd. - [2011 (4) TMI 969 - KARNATAKA HIGH COURT] and also distinguished the Supreme Court in the case of UOI Vs Indo-Swift laboratories Ltd. - [2011 (2) TMI 6 - Supreme Court]. - ratio of the Tribunal’s decision and the Hon ble High Court decisions are squarely applicable to the present case. Therefore, I hold that respondents are not liable for interest on the credit already reversed. Accordingly, the impugned order is upheld - Decided against Revenue.
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