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TMI Blog2016 (9) TMI 1402X X X X Extracts X X X X X X X X Extracts X X X X ..... se (Appeals), Cochin and Annexure A6 order dated 16-2-2008 issued by the Customs, Excise & Service Tax Appellate Tribunal, South Zonal Bench, Bangalore. The brief facts of the case are as follows : 2. The respondent herein is engaged in the manufacture of dutiable goods such as caprolactum, nitric acid, soda ash & Co2, ammonia, sulfuric acid and non-dutiable goods such as ammonium phosphate, lactom, ammonium sulphate (fertilizer) in their Petro Chemical Division and Udyogamandal Division. During the period from March, 2000 to November, 2002, the respondent availed CENVAT credit on furnace oil/LSHS. On the terms of Rule 57A(2) and 6(2) of Cenvat Credit Rules, 2001 and Rule 6(2) of CENVAT Credit Rules, 2002, Annexure A1 series of show c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... im Industries Ltd. The Customs, Excise & Service Tax Appellate Tribunal, had in that case relied on the decision of the Tribunal in Naveen Chemicals Enterprises - 2002 (51) RLT 177 = 2002 (147) E.L.T. 234 (Tribunal) and National Engineering Industries - 2002 (150) E.L.T. 161. The appellate authority held that in view of the binding decision of the Bangalore Bench, the appeal filed by the respondent is liable to be allowed. Aggrieved thereby, the appellant herein filed an appeal before the Customs, Excise & Service Tax Appellate Tribunal, South Zonal Bench, Bangalore. By Annexure A6 order passed on 12-6-2007, the Appellate Tribunal concurred with the view taken by the appellate authority and dismissed the appeal. Hence this appeal under the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le Cenvat credit was available, the assessee may not be liable to pay interest on the amount demanded in Annexure A3 order passed by the original authority. Learned counsel submitted that even assuming that the entire demand cannot be satisfied by setting it off or adjusting it against utilizable Cenvat credit, the liability to pay interest has to be confined to the short fall if any available in the input credit. Learned counsel submitted that in the light of the binding decision of the Division of this Court, the matter may be remanded to the original authority for the purpose of determining the question whether the utilizable input credit was available. Learned counsel for the appellant did not oppose the said request. A Division Bench o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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