9911796707
TMI Blog2010 (7) TMI 430X X X X Extracts X X X X X X X X Extracts X X X X ..... be paid when there is express provision in Rule 14 of the Cenvat Credit Rules, 2004, to the effect the interest is required to be paid in instances where cenvat credit has been taken wrongly?" 2. The facts stated briefly are that during the course of audit it was observed that the respondent availed Cenvat credit of Rs. 7,01,682/- on capital goods, during March, 2006 to March 2007, which were not used in or in relation to manufacture of finished goods. On being pointed out by the audit, the respondent voluntarily debited/reversed the wrongly availed Cenvat Credit. However, the respondent did not pay interest of Rs. 53,712/- thereon. Similarly, it was observed that the respondent had availed cenvat credit on the strength of invalid do ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... balance. The respondent challenged the order of the adjudicating authority before Commissioner (Appeals) contending that the wrongly availed Cenvat Credit had not been utilized by them as there was sufficient balance available in their Cenvat Credit account right from the date of taking the said credit till the date(s) of its reversal. Commissioner (Appeals) allowed the appeals and set aside the order-in-original. The revenue carried the matter in appeal before the Tribunal but did not succeed. 3. Learned Standing Counsel for the appellant-revenue has invited attention to the provision of Rule 14 of the Rules to submit that the same provides that where Cenvat Credit has been taken or utilized wrongly or has been erroneously refunded, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s concurred with the findings of fact recorded by Commissioner (Appeals). Thus, the conclusion arrived at by the Tribunal is primarily based upon concurrent findings of fact recorded by both Commissioner (Appeals) as well as the Tribunal. Whether such Cenvat Credit is utilized or not is primarily a question of fact. Nothing has been brought on record to disprove concurrent findings of fact recorded by two appellate authorities. Learned counsel for the appellant is not in a position to point out that the Tribunal has considered any irrelevant material or that any relevant material has been ignored. In the circumstances, the conclusions arrived at by the Tribunal being based solely on findings of fact recorded by it do not give rise to any qu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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