9911796707
TMI Blog2009 (6) TMI 314X X X X Extracts X X X X X X X X Extracts X X X X ..... t. [Order]. - Heard both sides. 2. In this case, the Appellants had taken credit in respect of common inputs namely, Nitrogen and they manufactured Liquid Nitrogen therefrom, part of which was cleared without payment of duty availing exemption. The Appellants stated that it was not possible to maintain separate registers and hence, they admitted their liability to pay an amount of 8% on the valu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Maruti Udyog v. C.C.E., Gurgaon - 2006 (196) E.L.T. 323(Tri.-Del.), which has been upheld by the Hon'ble Punjab & Haryana High Court, vide 2007 (214) E.L.T. 173 (P & H) and subsequently, by the Hon'ble Supreme Court as reported in 2007 (214) A50. 4. Learned S.D.R.., Shri J.A. Khan appearing for the Revenue states that the Appellants did not have any credit balance in their RG-23A Account in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Account and the total credit at all points of time was sufficient to cover the amount of 8% on the exempted goods. He further states that many assessees maintain a combined account for input duty credit and capital goods credit, and it is only for convenience sake that the Appellants in this case have maintained separate accounts, but it is a fact that they have had sufficient balance at all point ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llowing the ratio of the Tribunal decision in the case of Maruti Udyog Ltd. (supra), which has been upheld by the Hon'ble Punjab & Haryana High Court and the Hon'ble Supreme Court, I am of the view that no interest is payable in the present case. Accordingly, the impugned Order of the Tribunal dated 21-10-08 is modified and the duty-demand is confirmed while setting aside the demand of interest. T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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