Custom, Excise & Service Tax Tribunal
M/S Kaalmans Plastics Pvt Ltd vs Cc, Ce & St, Hyderabad-Iv on 18 October, 2016
CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNAL REGIONAL BENCH AT HYDERABAD Bench SMB Court I Appeal No. E/1694/2011 (Arising out of Order-in-Appeal No. 40/2011 (H-IV) CE dt. 15.03.2011 passed by CC, CE & ST (Appeals-II), Visakhapatnam) For approval and signature: Honble Ms. Sulekha Beevi, C.S., Member (Judicial) 1. Whether Press Reporters may be allowed to see the Order for publication as per Rule 27 of the CESTAT (Procedure) Rules, 1982? 2. Whether it should be released under Rule 27 of the CESTAT (Procedure) Rules, 1982 for publication in any authoritative report or not? 3. Whether their Lordship wish to see the fair copy of the Order? 4. Whether Order is to be circulated to the Departmental authorities? M/s Kaalmans Plastics Pvt Ltd., ..Appellant(s) Vs. CC, CE & ST, Hyderabad-IV ..Respondent(s)
Appearance Sh. R. Muralidhar, Advocate for the Appellant.
Sh. Guna Ranjan, Superintendent (AR) for the Respondent.
Coram:
Honble Ms. Sulekha Beevi, C.S., Member (Judicial) Date of Hearing: 18.10.2016 Date of Decision: 18.10.2016 FINAL ORDER No._______________________ [Order per: Sulekha Beevi, C.S.] The issue involved in the above appeal is whether the appellant is liable to pay interest on the CENVAT Credit wrongly taken but reversed before utilization.
2. The issue stands covered by the judgments laid in the case of CCE & ST, LTU, Bangalore V/s Bill Forge Pvt Ltd., [2012 (279) E.L.T 209 (Kar)] and also the case of Nova Petrochemicals Ltd., Vs CCE, Ahmedabad-II [2015 (330) E.L.T 648 (Tri-Ahmd)]. Further the appellant has produced the opening balance and closing balance of the credit account during the period February 2009 to September 2009 which evidences that the appellant had sufficient balance during the relevant time before reversal of the credit. Therefore the claim of interest by the revenue as well as the imposition of the penalty is unsustainable. The impugned order is set aside. The appeal is allowed with consequential reliefs if, any.
(Pronounced & dictated in open court) (SULEKHA BEEVI C.S.) MEMBER (JUDICIAL) Jaya.
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