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M/s. Rashtriya Ispat Nigam Ltd. Versus CCE, C&ST, Visakhapatnam-I

2016 (3) TMI 1107 - CESTAT HYDERABAD

Demand of interest - Cenvat credit wrongly availed - inputs not used for the process of manufacture of excisable goods - credit was reversed before issuance of show cause notice - Held that:- by following the dictum of judgments of Karnataka High Cou .....

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ied. - Decided in favour of appellant with consequential relief - E/23770/2014 - A/30202/2016 - Dated:- 14-3-2016 - Ms. Sulekha Beevi, C.S., Member(Judicial) Appearance Shri Nitesh, Advocate for the appellant. Shri Arun Kumar, Authorised representati .....

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od from May 2011 to December 2011, the appellants wrongly availed credit of duty of ₹ 22,77,073/- on inputs, which were not used for the process of manufacture of excisable goods and later the appellants on their own, reversed the credit availe .....

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ginal authority disallowed the credit of ₹ 22,77,073/- and appropriated the credit reversed by the appellants. The demand of interest of ₹ 1,43,353/- was confirmed and penalty of ₹ 10,000/- was also imposed. The appellants filed app .....

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ellant. 2. On behalf of the appellant, the learned counsel Sri Nitesh submitted that the inputs were used for the residential colony of the factory as provided under Rule 3(5) of the CENVAT Credit Rules. The inputs which are used directly or indirect .....

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ucts. This was neither known nor identifiable at the time of procurement of input or availing the credit. At the time of removal of the inputs for purposes other than that for use in the manufacture of final products, the appellants accordingly rever .....

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cture. The appellants regularly filed ER-1 returns and the availment and utilization is clearly shown in the return. It is submitted that appellants reversed the credit before utilization and that therefore they are not liable to pay any interest. Th .....

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