Commissioner Of Central Excise, Thane I vs Nicholas Piramal India Ltd on 8 July, 2008
Therefore, the judgment of Nicholas Piramal (India) Ltd.(supra) is not applicable. On going through the judgment relied upon by the appellant, I find that the ratio of the judgment are applicable in the present case and supports the case of the appellant. In view of my above discussion and settled legal position, I am of the considered view that on reversal of Cenvat Credit attributed to the exempted services along with interest, the demand confirmed by the adjudicating authority and upheld by the Commissioner (Appeals) is not sustainable. The adjudicating authority is at liberty to verify the quantum of Cenvat Credit reversed by the appellant. The impugned order is set aside and appeal is allowed with consequential relief, if any, in accordance with law.