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1 - 6 of 6 (0.23 seconds)Punjab Tractors Ltd. vs C.C.E. on 1 January, 1996
6.3 Citing the judgment of Hon'ble Apex Court in the case of Punjab Tractors Ltd. Vs. Commissioner of Central Excise, Chandigarh reported in 2005 (181) ELT 380 (SC), Shri Mondal submitted even the Hon'ble Supreme Court has found that the process followed by the appellant if allowed, would be revenue neutral, even in that case, the appellant would be liable to penalty for violation of Rules.
Union Of India & Ors vs M/S Ind-Swift Laboratories Ltd on 21 February, 2011
13. With respect to the amount of duty of Rs.9,36,861/- in Appeal No. E/1182/09, learned Sr. Counsel fairly states that the appellant has taken the CENVAT Credit of advertisement services used in relation to manufacture of tractors cleared within the country. However, the said credit has not been utilized and lying frozen. His submission is that this credit may be reversed but no interest should be charged and no penalty should be imposed. We have considered this submission. We find that the assessee is not entitled to take CENVAT Credit on advertisement services used in relation to manufacture of tractors cleared within the country. Therefore, the CENVAT Credit taken is to be reversed. So far as the interest is concerned, in terms of Rule 14 of the Cenvat Credit Rules, 2004, interest is payable from the date of taking wrong credit as held by the Hon'ble Supreme Court in the case of Union of India Vs. Indo Swift Ltd. reported in 2011-TIOL-21-SC-CX. Consequently, we also confirm the order for recovery of interest. However, the penalty of Rs.2000/- imposed on the assessee by the Commissioner is set aside.
Central Excise Tariff Act, 1985
Section 3 in The Central Excise Act, 1944 [Entire Act]
Cce, Indore vs M/S. Malwa Oxygen & Industrial Gases ... on 25 September, 2008
11. The learned Sr. Counsel sought to take support from the judgment of Hon'ble Apex Court in the case of Commissioner of Central Excise Vs. Malwa Industries reported in 2009 (235) ELT 214 (SC). We have perused the judgment which deals with the Notification No. 4/2006-CE dated 1.3.2006 (Sr. No. 67) granting exemption from the duty of excise to the finishing agents, dye carriers etc. used in the same factory for the manufacture of textiles and textile articles. Dispute in the cited case was with regard to levy of CVD on imported goods in terms of Notification No. 4/2006 at Sr. No. 67 of which finishing agent, dye carriers etc. are exempted if used in the same factory for manufacture of textile articles. The Hon'ble Apex Court held in para 14 of the judgment as under: -
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