2018 (7) TMI 1939 - AT - Central Excise

Demand of Interest u/r 14 read with Section 11AB of the Central Excise Act - excess credit availed was suo moto detected and reversed by Appellant even prior to utilization - HELD THAT - Larger Bench of the Tribunal in the case of J.K. TYRE INDUSTRIES LTD. VERSUS ASST. COMMR. OF C. EX. MYSORE 2016 (11) TMI 911 - CESTAT BANGALORE held that on account of wrong availment of cenvat credit interest is not payable if reversed before utilization. The demand of interest on unutilized CENVAT Credit cannot be sustained - appeal allowed - decided in favor of appellant.

Summary

Issues involved:
Appeal against confirmation of interest liability under Rule 14 read with Section 11AB of the Central Excise Act.

Analysis:
1. The appellant inadvertently took 100% credit of excise duty and education cess on capital goods exceeding the permitted 50% in the year of receipt. The excess credit was detected and reversed before utilization, leading to a demand for interest of Rs. 10,17,752.
2. The appellant contested the interest demand, citing decisions where no interest was applicable when irregular credit was reversed before utilization. The Department referred to a Supreme Court decision to support the interest levy.
3. The Tribunal noted the undisputed reversal of credit before utilization and cited precedents where interest was not payable if credit was reversed before utilization. The decision emphasized that no interest is payable when irregular credit is not utilized.
4. The Tribunal referred to conflicting decisions on interest levy but relied on the Supreme Court's principle that reversal of credit before utilization amounts to not taking credit. Consequently, the demand for interest on unutilized CENVAT Credit was set aside.
5. The impugned order was modified to exclude the interest demand, and the appeal was allowed in favor of the appellant.

This detailed analysis of the judgment highlights the key arguments, legal principles, and precedents considered by the Tribunal in deciding the appeal against the confirmation of interest liability under the Central Excise Act.