2010 (12) TMI 765 - HC - Service Tax

High Court dismisses revenue's appeal on Central Excise Act, 1944 Section 35G. No interest on unutilized credit.

COMMISSIONER OF C. EX., LUDHIANA Versus JAGATJIT INDUSTRIES LTD.

The High Court dismissed the revenue's appeal under Section 35G of the Central Excise Act, 1944 against the Tribunal's order. The Court upheld the ... Whether the Ld. CESTAT was right in holding that the respondent is liable to pay interest only on the Cenvat credit utilized by them and not on the entire of CENVAT Credit taken - As regards the interest on Cenvat credit, in view of Hon’ble Punjab & Haryana High Court Judgment in the case of CCE, Delhi-III v. Maruti Udyog Ltd. (2006 -TMI - 1526 - HIGH COURT,PUNJAB & HARYANA) wherein the Hon’ble High Court has held that when inadmissible Cenvat credit was taken but not utilized and subsequently the assessee reversed the same, the assessee was not liable to pay any interest, no interest would be payable by the respondent on the amount of unutilized credit. - Decided in favor of assessee. Issues:1. Appeal by revenue under Section 35G of the Central Excise Act, 1944 against Tribunal's order.2. Whether interest is payable on entire Cenvat credit taken or only on utilized credit.3. Recoverability of interest on wrongly availed Cenvat credit under CENVAT Credit Rules, 2004.Analysis:1. The appeal was filed by the revenue under Section 35G of the Central Excise Act, 1944 against the order of the Customs Excise and Service Tax Appellate Tribunal, New Delhi. The revenue proposed substantial questions of law regarding the legality of the Tribunal's judgment and the liability of the respondent to pay interest on Cenvat credit. The Tribunal upheld the view of the Commissioner (Appeals) in setting aside the demand for tax and penalty, except for interest on the wrongly availed Cenvat credit of Rs. 91,000.2. The assessee, a manufacturer of excisable goods providing management consultancy services, had wrongly availed Cenvat Credit during a specific period. The Tribunal, citing a judgment of the Punjab & Haryana High Court, held that interest was not payable on unutilized Cenvat credit that was subsequently reversed by the assessee. However, interest was deemed payable on the utilized Cenvat credit of Rs. 91,000. The Tribunal set aside the order in part, restoring the Assistant Commissioner's decision regarding interest on the Rs. 91,000 credit.3. The High Court, after considering the arguments, noted that the assessee had reversed the Cenvat Credit and wrongly availed Rs. 91,000. The court concurred with the findings of the Commissioner (Appeals) and the Tribunal that there was no justification for demanding tax or interest on the reversed and unutilized Cenvat credit. Consequently, the court dismissed the appeal, stating that no substantial question of law arose in this case.This detailed analysis of the judgment outlines the issues, the legal arguments presented, and the final decision of the High Court in dismissing the appeal.