9911796707
TMI Blog2022 (10) TMI 189X X X X Extracts X X X X X X X X Extracts X X X X ..... and no credit can be reversed on that, credit. Therefore, the adjudicating authority has erred in only considering the credit balance of service tax. The total credit of input, input service, and capital goods should be taken to ascertain the unutilized cenvat credit. If the consolidated cenvat credit balance has been maintained more than the cenvat credit reversed, in such case the appellant is not liable to interest post 17.3.2012 accordingly, the claim of the appellant appears to be legal and correct however, the same has to be re-quantified considering the total credit of input, input service and capital goods. The matter is remanded to the adjudicating authority to re-quantify the interest and sanction the same to the appellant - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /- was sanctioned and remaining amount of Rs. 2,23,185/- was rejected. Being aggrieved by this portion of rejection of the claim, the appellant filed appeal before the Commissioner (Appeals), the Commissioner (Appeals) also concurring with the finding of the adjudicating authority rejected the appeal therefore, the present appeal filed by the appellant. 2. Shri R.R.Dave, learned consultant appearing on behalf of the appellant submits that the only dispute is that whether the balance of service tax credit should be taken for requantifying the interest or the total credit should be taken. He submits that as per Rule 3 of Cenvat Credit Rules, 2004 all the credit are treated as cenvat credit therefore, for unutilized balance not only the ser ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iable to pay the interest on the credit reversed without utilization post 17.3.2012. The only limited issue for consideration before me is that whether the adjudicating authority is right in considering the balance of service tax credit only for re-quantifying the claim of interest in de-novo adjudication as submitted by the learned consultant. However, the credit of all the three account is taken i.e. input, inputs service and capital goods the credit balance was maintained much more than the credit reversed by the appellant on which the interest was paid. I find that under Cenvat Credit Rules, 2004 in terms of Rule 3 all the credits such as credit of input, input service and capital goods is under one pool and no credit can be reversed on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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