9911796707
TMI Blog2024 (4) TMI 901X X X X Extracts X X X X X X X X Extracts X X X X ..... Shri M. Ambe , Deputy Commissioner ( AR ) for the Respondent ORDER The above two appeals are against Order in Appeal No. 82 and 83/2014 dated 12.9.2014 passed by the Commissioner of Central Excise (Appeals), Madurai. 2. Brief facts are that the appellants are manufacturers of cotton yarn which they are clearing on payment of duty under Notification No. 29/2004-CE and also availing full exempti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vailed on inputs. However, the appellant did not pay the interest on the wrongly availed CENVAT credit. As per erstwhile Section 11AB of Central Excise Act, 1944, where any duty of excise has not been levied or paid or has been short-levied or short-paid or erroneously refunded, the person who is liable to pay the duty as determined under sub-section (2) or has paid the duty under sub-section (2B) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 4. The learned Advocate for the appellant submitted that sufficient balance was available in CENVAT Credit account to reverse the credit and no pecuniary benefit was derived in any manner. In the absence of utilization of CENVAT credit the question of payment of interest does not arise. He has cited the judgment of the Hon'ble High Court of Karnataka in Commissioner of Central Excise & Service ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... material and the final product, and the manufacturer is entitled to use the credit at any time thereafter when making payment of excise duty on the excisable product. The government has not been deprived of duty on the date it became due as sufficient credit was available to take care of the debits made even without taking the disputed credit into account. The Hon'ble High Court of Karnataka in Bi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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