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2015 (11) TMI 350

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..... 9 and the show cause notice is issued only on 21.6.2011. The appellants Shree Kamrej Vibhag Sahakari Khand Undying Mandli Ltd is an assessee who regularly files monthly returns and the cenvat credit taken has been duly intimated to the Dept. It is also seen that the assessee had reversed the credit taken immediately on being pointed out by the Audit. The appellants have also reportedly submitted, from the adjudication stage onwards, that the credit taken has not been utilised. There is no indication to the contrary on the records. - demand of interest and penalty in this matter cannot be sustained. Therefore the demand of the same is set aside. - Decided partly in favour of assessee. - Appeal No. E/10838/2013 - ORDER NO. A/11117/2015 - Dat .....

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..... do 22473 22473 4 2411/2008 do 22469 22469 5 2409/2008 do 2713 2713 6 Shalvin Construction 42082 868 434 43384 7 2740/21.5.07 National Fed. Of Co-op Sugar Fac. Ltd 9796 294 10090 1.7.08 .....

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..... r the appellant admits that the matter on Members-ship Fees is squarely covered against the appellants by the decision on this Hon'ble Tribunal in the case of Shree Kamrej Vibhag Sahakari Khand Undying Mandli Ltd vide order No A/10914/2015 dtd 24.6.2015. The service tax amount involved in Member-ship Fees is ₹ 2,43,178/-. In respect of remaining amount, he fairly states that he is not contesting on the issue on merits, but on limitation. He also submits that the cenvat credit taken was not utilised and on being pointed by the audit party they have reversed the said credit availed, and therefore interest and penalty should be waived, in view of the decision of the Hon'ble High Court of Madras and Hon'ble High Court of Kar .....

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..... credit taken immediately on being pointed out by the Audit. The appellants have also reportedly submitted, from the adjudication stage onwards, that the credit taken has not been utilised. There is no indication to the contrary on the records. The Hon'ble High Court at Madras in the case of Strategic Engineering Pvt Ltd relying upon the decision of Hon'ble High Court of Karnataka in Bill Forge Pvt Ltd (supra) case has analysed and distinguished the decision of the Hon'ble Supreme Court in the case of Ind-Swift Laboratories Ltd, and has held that mere taking (Cenvat Credit) itself would not sufficient for the assessee to pay interest as well as penalty. 6. In the light of the above analysis, it is held that the demand of int .....

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