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Bharti Hexacom Limited vs Jaipur-I on 26 November, 2018 cites

Commissioner Of Central Excise ... vs Bill Forge Pvt Ltd on 8 June, 2016

The decision as relied upon by the appellant in the case 5 ST/51014/2018-ST [SM] of Bill Forge Pvt. Ltd. (supra) makes it clear that even prior the amendment, the opinion formed was that since the assessee has not taken the benefit of the cenvat credit taken except entry in their account books, there was no liability to pay the interest. It was appreciated that once entry was reversed, it is as if that the cenvat credit was not availed. The Revenue‟s plea for assessee to be at liberty to utilize the credit immediately after making the entry was held not sustainable.
Custom, Excise & Service Tax Tribunal Cites 0 - Cited by 79 - Full Document

Suchitra Components Ltd vs Commissioner Of Central Excise,Guntur on 17 January, 2007

8. It is being the acknowledged fact that vide an amendment in this rule the word „or‟ used herein has been substituted with word „and‟. This particular amendment makes it clear that it is only when cenvat credit taken is utlised that the assessee shall be liable to pay the interest. Else no interest liability shall devolve upon the assessee. No doubt, the period in dispute is the period prior to the aforesaid amendment. But law has been settled that any amendment, which is beneficial in nature for the assessee has to be given a retrospective effect, as far as the assessee is concerned as was held by Hon‟ble Apex Court in the case of Suchitra Components Ltd. vs. CCE, Guntur -2007 (208) ELT 321 (SC).
Supreme Court of India Cites 0 - Cited by 82 - Full Document
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