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2019 (11) TMI 437

..... credit without utilizing the same - time limitation - HELD THAT:- Hon’ble Supreme Court in the case of UOI AND ORS. VERSUS IND-SWIFT LABORATORIES LTD. [2011 (2) TMI 6 - SUPREME COURT] was considered by the Hon’ble Karnataka High Court in the case of Bill Forge [2011 (4) TMI 969 - KARNATAKA HIGH COURT] and it is only after consideration of the said Apex Court decision, it was held that .....

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..... 0.2012 - Inasmuch as the demand of interest in the present case is by invoking the longer period of limitation, for which there are no justifiable reasons - the demand is held to be time barred. Appeal allowed - decided in favor of appellant. - Service Tax Appeal No.51235 of 2014 - FINAL ORDER NO.71716/2019 - 4-9-2019 - HON BLE MRS. ARCHANA WADHWA, MEMBER (JUDICIAL) AND HON BLE MR. ANIL G. SHAKKAR .....

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..... ns of the appellant. 2. During an audit conducted in October 2012, a view was entertained that the appellants should have paid interest on the said Cenvat credit initially availed and subsequently reversed. Accordingly proceedings were initiated against them by way of issuance of a show cause notice dated 18.10.2012 rasing demand of interest of ₹ 33,13,976/-(thirty three lakhs thirteen thous .....

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..... nd Swift was considered by the Hon ble Karnataka High Court in the case of Bill Forge and it is only after consideration of the said Apex Court decision, it was held that in case the availed Cenvat credit is not utilized, no interest liability would arise. The credit availed by the appellant in the present case was not utilized and remained only in their account books. The same was subsequently re .....

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..... As per the Hon ble Delhi High Court decision in the case of Hindustan Insecticides Ltd. Vs. CCE 2013-TIOL-631-HC-DEL-CX, the limitation provisions of Section 11A equally apply to the interest demand. Inasmuch as the demand of interest in the present case is by invoking the longer period of limitation, for which we find no justifiable reasons, we hold the demand to be time barred. On this ground a .....

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