TMI Blog2017 (5) TMI 44X X X X Extracts X X X X X X X X Extracts X X X X ..... se of Secure Meters Ltd. Vs. CCE & ST, Jaipur [2017 (3) TMI 1438 - CESTAT NEW DELHI] - appeal allowed - decided in favor of appellant. - E/2681/2011-SM - A/52960/2017-SM[BR] - Dated:- 17-4-2017 - Mr. Ashok K. Arya, Member (Technical) Shri Dhruv Tiwari, Advocate - for the appellant Shri G.R. Singh, D.R., Shri K. Poddar, D.R. Ms. Kanu Verma Kumar, D.R. - for the respondent Per Ashok K. Arya M/s Secure Meters Ltd. is in appeal against the Order-in-Appeal No.209/2011 dated 22.9.2011 passed by Commissioner (Appeals), Jaipur-I, whereunder interest liability on the Cenvat credit amount which was reversed on 13.4.2009 by the appellant has been sustained. 2. The brief facts are that: (i) The appellant, M/s Secure Meter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the said banking and financial services are used for all units including for Udaipur unit, which is a duty paying unit. Thus said input service i.e. banking and financial service is covered under Rule 6(5) of Cenvat Credit Rules, 2005 and appellant is entitled to claim Cenvat credit for the said banking and financial service; further, no interest can be fastened on this account on them. In support, the appellant cites CESTAT decision in their own case i.e. Secure Meters Ltd. Vs. CCE ST, Jaipur Final Order No.52089-52090/2017-DB made in Appeal Nos.E/1366, 1524/2011. 5. The ld. Counsels for Revenue vehemently argues that once the assessee has reversed the subject Cenvat credit of ₹ 30,56,648/- taken on banking and financial ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case of Secure Meters (supra), the original amount of Cenvat credit which was reversed by the assessee appellant during the audit appears to be admissible to the assessee, the present interest demand against them is not sustainable. 6.2 In case of certain other services CESTAT in the case of Secure Meters Ltd. (supra) has observed as under : 8. In view of the above fact, in terms of Rule 6(5) of Cenvat Credit Rules, the full Cenvat credit will be available to the assessee, if such services were used in a manufacturing unit making both, the exempted as well as dutiable goods. In the present case, the full Cenvat credit has been availed by the ISD who is required to distribute the same to various units as per Rule 7 of Cenva ..... X X X X Extracts X X X X X X X X Extracts X X X X
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