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2016 (3) TMI 1107 - CESTAT HYDERABAD

2016 (3) TMI 1107 - CESTAT HYDERABAD - TMI - 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 Court in the case of CCE&ST, Bangalore Vs. Bill Forge P. Ltd. [2011 (4) TMI 969 - KARNATAKA HIGH COURT] and Madras High Court in the case of CCE, Madurai Vs. Strategic Engineering (P) Ltd. [2014 (11) TMI 89 - .....

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of records, it was found that during the period 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 availed on those inputs. A show-cause notice was issued preposing to recover ₹ 22,77,073/- being the credit alleged to be irregularly availed along with interest of ₹ 1,43,353/- and proposing to impo .....

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1,43,353/- on the credit reversed by the appellant. 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 indirectly in or in relation to manufacture of final products are procured by appellants and are entitled to avail credit on such inputs. After accounting them as inputs, the appellants removed certain items for p .....

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