2009 (4) TMI 748 - AT - Central Excise

Tribunal Upholds Refund of Interest Decision, Rejects Revenue's Appeal

COMMISSIONER OF C. EX. & ST., LTU, CHENNAI Versus ASHOK LEYLAND LTD.

The Tribunal dismissed the stay application and appeal filed by the Revenue, upholding the Commissioner (Appeals) decision to allow the refund of interest ... Interest Issues:Application for stay of operation of the order of the Commissioner (Appeals) denying refund of interest initially paid for delay in reversing input service credit.Analysis:The case involved an application for stay of the order of the Commissioner (Appeals) regarding the refund of interest paid by the respondents for delay in reversing input service credit. The original authority had denied the refund claim citing Rule 14 of the Cenvat Credit Rules, 2004. However, the Commissioner (Appeals) allowed the refund of interest based on a judgment of the Hon'ble High Court of Punjab & Haryana. The Tribunal considered the case records and noted that the High Court had held that the assessee was not liable to pay interest as the credit was not utilized but merely entered in the Modvat account. Both parties agreed that the High Court's judgment was upheld by the Apex Court. Consequently, the Tribunal dismissed the stay application and the appeal filed by the Revenue.The dispute arose from M/s. Ashok Leyland Ltd. availing credit of service tax paid on input services incurred by the assessee unit and its R&D Centre. When the service tax paid by the R&D unit, unrelated to manufacturing operations, could not be quantified, the assessee reversed the entire credit of service tax along with interest on irregularly availed credit. The original authority denied the refund, while the Commissioner (Appeals) allowed it, relying on the High Court judgment. The Tribunal concurred with the lower appellate authority's decision, emphasizing that the credit was not utilized, following the legal precedent set by the High Court and upheld by the Apex Court.In conclusion, the Tribunal, after thorough consideration of the case records and legal arguments, upheld the decision of the Commissioner (Appeals) to allow the refund of interest paid by the respondents. The Tribunal found no reason to interfere with the impugned order, citing the legal precedent established by the High Court and upheld by the Apex Court. As a result, the Tribunal dismissed the stay application and the appeal filed by the Revenue, thereby affirming the decision in favor of the respondents.