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TMI Blog2023 (12) TMI 482X X X X Extracts X X X X X X X X Extracts X X X X ..... ri K. Srinivas Reddy, AR for the Respondent. ORDER The issue involved in this Appeal is whether the Appellant is entitled to Cenvat credit for credit taken during the period May 2007 to September 2008 on various items being inputs/capital goods - MS items like angles, channels, beams, etc., falling under Chapter 72 & 73 of CETA. The Appellant availed Cenvat credit to the extent of Rs.77,21,700 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CCR. 3. Heard the parties. 4. Considering the issues involved, so far the issue of taking credit of Rs.77,21,700/- on MS items is concerned, we find that the issue is no longer res integra and it has been held by the Hon'ble Gujarat High Court in Mundra Ports and SEZ Ltd [2015 (39) STR 726 (Guj)], wherein under similar circumstances, the Assessee had used cement and steel for construction of po ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hattisgarh High Court and it has been held that Credit is available, reported at [2018 (16) GSTL 462 (Chattisgarh)]. 6. So far the second issue is concerned, regarding chargeability of interest under Rule 14 of CCR on the amount of Cenvat credit taken and reversed of Rs.60,88,605/-, learned Counsel for the Appellant urges that there has been subsequent amendment in Rule 14, wherein it has been pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... period falls prior to the amendment of Rule 14, and there is no specific mention in the amending Act that amendment shall apply retrospectively, we uphold charging of interest. 8. In view of our aforementioned observations and findings, we allow the Appeal in part to the effect that Cenvat credit has been rightly taken and also hold that interest is rightly charged. All penalties imposed are set ..... X X X X Extracts X X X X X X X X Extracts X X X X
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