Custom, Excise & Service Tax Tribunal
Commissioner Of Customs,Central ... vs M/S. Pfeda Synthetics (Pvt.) Ltd on 29 April, 2014
IN THE CUSTOMS, EXCISE AND SERVICE TAX
APPELLATE TRIBUNAL, NEW DELHI
PRINCIPAL BENCH, COURT NO. III
Excise Appeal No. 3390 of 2010-EX[SM]
[Arising out of Order-In-Appeal No. 215CE/APPL/NOIDA/2010 dated 29.7.2010 passed by Commissioner of Customs & Central Excise (Appeals), Noida]
For approval and signature:
Honble Ms. Archana Wadhwa, 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?
No
2
Whether it should be released under Rule 27 of the CESTAT (Procedure) Rules, 1982 for publication in any authoritative report or not?
No
3
Whether Their Lordships wish to see the fair copy of the Order?
Seen
4
Whether Order is to be circulated to the Departmental authorities?
Yes
Commissioner of Customs,Central Excise, Appellants
& Service Tax, Noida
Vs.
M/s. Pfeda Synthetics (Pvt.) Ltd. Respondent,
Appearance:
Shri M S Negi, AR for the Appellants Ms. Asmita Nayak, Advocate for the Respondent Date of Hearing /Decision: 29.4.2014 ORDER NO . FO/ 51939 /2014-SM(Br) Per Ms. Archana Wadhwa:
The short issue involved in the appeal of the Revenue is as to whether the respondents are liable to pay interest in respect of Cenvat credit wrongly availed by them and as per the respondents, reversed before utilization.
2. I find that the legal issue stand decided by Honble Karnataka High Court in the case of CCE, Bangalore vs. Bill Forge Pvt. Ltd. [2012 (279)ELT 209(Kar)]. However, the fact whether the credit was reversed before utilization is required to be verified. Accordingly, I remand the matter to the original adjudicating authority for verification of the above factual position and to decide the issue, in the light of law declared by the Karnataka High Court. Revenues appeal is disposed of in the above manner.
(Dictated & pronounced in the open Court )
( Archana Wadhwa ) Member(Judicial)
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