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2023 (12) TMI 482 - AT - Service TaxCENVAT Credit - inputs/capital goods - MS items like angles, channels, beams, etc., falling under Chapter 72 & 73 of CETA - Chargeability of interest under Rule 14 of CCR on the amount of Cenvat credit taken and reversed - extended period of limitation. Credit on MS items - HELD THAT:- Hon’ble High Court of AP in COMMR. OF C. EX., VISAKHAPATNAM-II VERSUS SAI SAHMITA STORAGES (P) LTD. [2011 (2) TMI 400 - ANDHRA PRADESH HIGH COURT] have held that inputs like cement, steel, etc., used for construction of warehouses from which taxable services under the head ‘renting of immovable property’ are performed, the inputs are eligible for Cenvat credit - credit allowed. Chargeability of interest under Rule 14 of CCR on the amount of Cenvat credit taken and reversed - it is claimed that there has been subsequent amendment in Rule 14, wherein it has been provided that interest is chargeable on Cenvat credit taken and utilized - HELD THAT:- In view of the ruling of Hon’ble Apex Court in UOI AND ORS. VERSUS IND-SWIFT LABORATORIES LTD. [2011 (2) TMI 6 - SUPREME COURT] and as the period falls prior to the amendment of Rule 14, and there is no specific mention in the amending Act that amendment shall apply retrospectively, the charging of interest is upheld. The Appeal allowed in part to the effect that Cenvat credit has been rightly taken and also hold that interest is rightly charged. All penalties imposed are set aside, in the facts and circumstances of the case.
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