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M/s ABB LTD Versus COMMISSIONER OF CENTRAL EXCISE AND SERVICE TAX, LTU, BANGALORE

2015 (12) TMI 879 - CESTAT BANGALORE

Demand on interest on reversal of CENVAT Credit - credit was availed but not utilized - Held that:- Appellant has placed the Cenvat Credit Register during the relevant period before me and it was clear that when credit was taken from February 2008 up .....

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it but never utilized during the entire period and it was available in the Books of Account and there is no contra finding. - Since the issue is covered by decision of the Hon'ble High Court of Madras [2014 (11) TMI 89 - MADRAS HIGH COURT], respectfu .....

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ya & M/s V Lakshmikumaran & V Sridharan, Advs. For the Respondent: Mr R Gurunathan, AR JUDGEMENT Per: B S V Murthy: Cenvat credit of ₹ 33,15,661/- for the period February 2009 to March 2009 held to be availed irregularly and has been de .....

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ew of the fact that credit of ₹ 33,15,661/- taken during February 2008 to March 2009 was never utilized. Department took a view that they are not eligible for it and the same was reversed in July 2009. 2. Heard both the sides. 3. Learned counse .....

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9;ble High Court of Madras in the case of Commissioner of C. Ex., Madurai vs. Strategic Engineering (P) Ltd. [2014 (310) E.L.T. 509 (Mad.)]. 4. Learned A.R. submits that this submission has not been considered by the lower authorities and therefore, .....

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Cenvat Credit Register during the relevant period before me and it was clear that when credit was taken from February 2008 up to July 2009, balance has not come down below the figure of ₹ 33,15,661, the disputed amount. In July 2009, this amou .....

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6. In the case of CCE vs. Strategic Engineering (P) Ltd. (supra), the Hon'ble High Court in paragraph 11 of the order made the following observations : "11. It is an admitted fact that Rule 14 of the Cenvat Credit Rules has been subsequently .....

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