Custom, Excise & Service Tax Tribunal
M/S. Alstom T&D India Ltd vs Commissioner Of Central Excise & ... on 8 March, 2016
IN THE CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNAL
SOUTH ZONAL BENCH, CHENNAI
ST/40091/2014
[Arising out of Order-in-Appeal No.64/2013,dated18.11.2013 passed by the Commissioner of Central Excise& Service Tax, LDU, Chennai]
M/s. ALSTOM T&D INDIA LTD.
APPELLANT
Versus
COMMISSIONER OF CENTRAL EXCISE & SERVICE TAX, LTU, CHENNAI
RESPONDENT
Appearance:
For the Appellant Shri Joseph Prabhakar, Adv.
For the Respondent Shri B. Balamurugan, AC (AR) CORAM:
Honble Shri D.N. Panda, Judicial Member Date of hearing/decision 08-03-2016 FINAL ORDER NO. 40435 / 2016 The precise prayer of the learned counsel is that in existence of adequate Cenvat credit in its statutory record, reversal of the wrong credit taken inadvertently should not make the appellant liable to interest.
2. Above averment is correct but subject to verification of the factual aspect therein by the adjudicating authority.
3. It is settled principle of law by the Apex Court in the case of Commissioner of C.EX., Mumbai-I Vs Bombay Dyeing &Manfacturing Company Ltd.,2007(215)E.L.T. 3(SC) that interest is not chargeable when adequate credit is available on statutory recordin the event of wrong Cenvat credit taken but reversed without being utilised. Following such principle, the matter is remanded to the Adjudicating Authority to examine whether there were adequate credit available in record over and above the impugned credit which was reversed. Appellant when says that record will speak the truth, the authority shall thorough examine the factual averment above and pass appropriate order, granting fair opportunity of hearing to the appellant. (Dictated and pronounced in open court) (D.N. PANDA) JUDICIAL MEMBER ksr 08-03-2016 DRAFT Remarks I II III Date of dictation 08.03.2016 Draft Order - Date of typing 08.03.2016 Fair Order Typing 08.03.2016 Date of number and date of dispatch 10.03.2016 3 ST/40091/2014