TMI Blog2017 (11) TMI 867X X X X Extracts X X X X X X X X Extracts X X X X ..... - reliance placed in the case of COMMISSIONER OF CENTRAL EXCISE & SERVICE TAX LARGE TAXPAYER UNIT, BANGALORE Versus M/s BILL FORGE PVT LTD, BANGALORE [2011 (4) TMI 969 - KARNATAKA HIGH COURT], where it was held that interest and penalty is not imposable where credit wrongly availed has been reversed prior to utilization - demand set aside - appeal allowed - decided in favor of appellant. - E/210 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s are engaged in manufacture and clearance of excisable goods falling under Chapter 84 and 87 of Central Excise Tariff Act, 1985 and also availing CENVAT credit of input and capital goods under CENVAT Credit Rules, 2004. During the course of verification of records by the Department, it was noticed that the appellants have availed excess CENVAT credit twice irregularly on the same input document t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd upheld the Orders-in-Original. 4. Heard both the parties and perused the records. 5. After hearing both sides I find that the issue involved in the present case is no more res integra and is settled in favour of the appellant by a decision of the Hon ble Karnataka High Court in the case of CCE ST., LTU, Bangalore Vs. Bill Forge Pvt. Ltd [2012(2379)ELT 209 (Kar)] and also in the ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bench vide its order dated 23.07.2015 has held that the decision of the Hon ble Karnataka High Court in the case of M/s. Bill Forge Pvt. Ltd. (supra) constituted the law governing and operative on the facts and transaction in the current appeal. Since the appellant had merely availed the credit and reversed the same before utilizing the availed credit for remittance of duty, interest liabilit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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