TMI Blog2019 (4) TMI 14X X X X Extracts X X X X X X X X Extracts X X X X ..... the credit more than the proportionate credit required to be reversed. Demand of interest - Held that:- Once they have the sufficient balance in their CENVAT credit account and they have reversed the proportionate credit before its utilization, then they are not liable to pay interest in view of the decision of Karnataka High Court in the case of CCE vs. Bill Forge Pvt. Ltd. [2011 (4) TMI 969 - KARNATAKA HIGH COURT]. Appellants have filed the documents alleging that they have reversed proportionate credit and had sufficient closing balance in their CENVAT account but this fact needs to be verified by the original authority - Appeal allowed by way of remand. - E/21502/2018-SM - Final Order No. 20283/2019 - Dated:- 25-3-2019 - SHRI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. On these allegations, four show-cause notices were issued to the appellant and after following the due process, the original authority vide common Order-in-Original dated 3.10.2016 confirmed the demand of ₹ 4,33,770/- along with interest and equal penalty. Aggrieved by the said order, appellant filed appeal before the Commissioner (A), who rejected the same. Hence, the present appeal. 3. Heard both the parties and perused the records. 4. Learned counsel for the appellant submitted that the impugned order is not sustainable in law as the same has been passed without appreciating the facts and the law and the binding judicial precedent. He further submitted that the appellants have been maintaining separate accounts in respect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the credit availed. Further, I find that after the introduction of GST they have allegedly reversed the credit more than the proportionate credit required to be reversed. Further, I find that once they have the sufficient balance in their CENVAT credit account and they have reversed the proportionate credit before its utilization, then they are not liable to pay interest in view of the decision of Karnataka High Court in the case of CCE vs. Bill Forge Pvt. Ltd.: 2012 (279) ELT 209 (Kar.). Further, I find that reversal of proportionate credit is sufficient compliance of the provisions of Rule 6(3A) of the CENVAT Credit Rules, as rightly held in the following judicial pronouncements. Cranes Structural Engineers vs. CCE, Bangalo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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