9911796707
TMI Blog2010 (3) TMI 1072X X X X Extracts X X X X X X X X Extracts X X X X ..... First Stage dealer registered under Rule 11 of Central Excise Rules, 2002. During the verification of the records of M/s. IOCL, Guntakal the department found that they had wrongly entered the duty payment particulars of the original manufacturer, M/s. Chennai Petroleum Corporation, Manali and passed on excess credit to various customers including the appellants. A show cause notice dated 05.10.2005 was issued to M/s. IOCL, Guntakal and it's customers including the appellants proposing disallowance of Cenvat Credit. The appellants reversed a sum of ₹ 6,64,070/- as demanded in the show cause notice vide Sl. No.4687 dated 31.10.2005 in their RG 23 P-II Register. The impugned order confirmed the demand for payment/reversal of the sai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ble to pay the interest on the said amount, which has been utilized by them or taken by them. She would submit that the extract submitted by the learned Counsel today before the Bench was not produced before the learned Commissioner (Appeals) and the crucial glance of the extract indicate that appellants have utilized the credit which has been taken by them during the disputed period. 5. I have considered the submissions made by both sides and perused the records. The issue involved in this case is regarding the interest payable on the ineligible Cenvat credit taken by the appellants. Since it is not disputed that the credit which has been taken by them was not available to them and having reversed the same, the appellant is not challengin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taken irregular credit, I find that the decision of the Hon'ble High Court of Punjab and Haryana in the case of Ind-Swift Laboratories Ltd. vs. Union of India (supra) was not before the lower authorities for coming to such a conclusion. In view of this, to arrive at a appropriate amount of interest to the extent that has been utilized and also to see that applicability of the ratio as has been settled by the Hon'ble High Court of Punjab and Haryana in the case of Ind-Swift Laboratories Ltd. vs. Union of India, I set aside the impugned order and remand the matter back to the learned Commissioner (Appeals) to come to a conclusion after following the principles of natural justice. 7. Accordingly, in view of the above reasonings, the i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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