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of <h1>Appellant not liable for interest on reversed cenvat credit. Tribunal decision aligns with Supreme Court stance.</h1> <h3>M/s. Simbhaoili Sugar Mills Ltd. Versus Commissioner of Central Excise, Meerut II</h3> M/s. Simbhaoili Sugar Mills Ltd. Versus Commissioner of Central Excise, Meerut II - TMI Issues Involved: Whether appellant is liable to pay interest for wrongly taken cenvat credit reversed before utilization.Analysis:The primary issue in this case revolves around determining whether the appellant is obligated to pay interest for the period during which they reversed cenvat credit that was wrongly taken. The Tribunal considered arguments from both sides, with the learned AR citing precedents like Ind-Swift Laboratories Ltd. and Suzuki Motorcycle (I) Pvt. Ltd. In contrast, the appellant's counsel relied on decisions such as Bill Forge Pvt. Ltd. and Gurmehar Construction vs. CCE, Raipur. The Tribunal noted that the Karnataka High Court, in the case of Bill Forge, aligned with the Supreme Court's stance in Ind-Swift Laboratories Ltd., concluding that if wrongly taken cenvat credit is reversed before utilization, no interest is payable. This position was further supported by the Tribunal's decision in Gurmehar Construction vs. CCE, Raipur. The Tribunal emphasized that if the wrongly taken cenvat credit remained unutilized in the account, the appellant would not be liable to pay interest. The adjudicating authority was advised to verify the facts to confirm the presence of sufficient funds in the cenvat credit account during the intervening period. Consequently, the appeal was disposed of based on these considerations.
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