Custom, Excise & Service Tax Tribunal
M/S. Delphi Tvs Diesel Systems Ltd vs Cce, Chennai on 12 July, 2010
IN THE CUSTOMS, EXCISE & SERVICE TAX
APPELLATE TRIBUNAL
SOUTH ZONAL BENCH AT CHENNAI
Appeal No. E/123/2010
(Arising out of Order-in-Original No.2/2010 dated 28.1.2010 passed by the Commissioner of Central Excise, Chennai IV)
M/s. Delphi TVS Diesel Systems Ltd. Appellants
Vs.
CCE, Chennai Respondent
Appearance Shri M. Kannan, Advocate for the Appellants Shri C. Dhanasekaran, SDR for the Respondent CORAM Honble Dr. Chittaranjan Satapathy, Technical Member Date of Hearing: 12.07.2010 Date of Decision: 12.07.2010 Final Order No. ____________ Heard both sides. Shri M. Kannan, learned counsel appearing for the appellant states that the appellants have reversed the credit taken wrongly before utilization of the same. As such, he argues that no interest is payable in such a case. In this regard he cites the decision of the Tribunal in the case of Indo Shell Mould Ltd. Vs. CCE, Coimbatore 2010 (253) ELT 799.
2. Heard the learned SDR Shri C. Dhanasekaran. As the issue is no longer res integra, following the cited decision of the Tribunal, I hold that interest is not payable when the credit is reversed before utilization. Accordingly, the impugned order is set aside and the appeal is allowed. (Dictated and pronounced in open court) (Dr. Chittaranjan Satapathy) Technical Member Rex ??
??
??
??
2