2017 (9) TMI 1053

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..... L. Patra, A.R. for the  Respondent-Revenue ORDER Heard both sides.  The short issue involved in the present appeals is: whether the appellant is required to pay interest against reversal of inadmissible credit. The credit was availed on various inputs during February 2008 to October 2009. On being pointed out by the audit team, the entire credit availed was reversed on 18.6.2010. Subse .....

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..... for recovery of interest on the credit without allegation of suppression, mis-declaration etc. The Hon'ble Delhi High Court in  Hindustan Insecticides Ltd.'s case (supra) observed as under: 14. A reading of the aforesaid paragraph would show that in the said case notice of payment for interest was issued after four years and it was held that it was beyond a reasonable period and the departm .....

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..... ese judgments have relied upon the decision of the Supreme Court approving the view of the Tribunal in TVS Whirlpool Limited (supra) wherein pari materia provisions of the Customs Act were considered. This being a distinguishing feature, we feel that the appellant is entitled to succeed in the present appeals. The question of law is accordingly answered in affirmative, i.e., in favour of the appel .....

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