2011 (5) TMI 601

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.... of the respondents, it was found that the respondent had transferred Cenvat capital goods to another sugar mill without reversing the appropriate amount of Cenvat Credit amounting to Rs.37,813/-. The respondent at that time reversed the Cenvat Credit. Subsequently the department issued show cause notice for recovery of interest and penalty. Show cause notice did not mention the confirmation of Ce....

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.... has filed cross objection.   2. Heard both the sides.   3. Shri R.K.Gupta, ld. SDR supported the impugned order reiterating the grounds of appeal and pleaded that the respondent has paid the amount of wrongly taken cenvet credit, that just because the Assistant Commissioner as the matter of abundant precaution also ordered confirmation of the Cenvat Credit demand which had been deposi....

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....not propose the recovery of Cenvat Credit, the confirmation for Cenvat Credit demand was called for, that the demand in any case is time barred and hence no interest is chargeable and no penalty is imposable, that Commissioner(Appeals) in this regard has rightly relied upon the judgement of Hon ble Supreme Court in the case of HMM Ltd. (1995(76)ELT/497/SC) and hence there is no confirmity in the i....

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....edit (judgement of Hon ble Supreme Court in the case of Ind. Swift Laboratories Ltd. reported in (2011) 265 ELT 3 (SC) but looking to the circumstances of the case, penalty would not be attracted. As regards, the Commissioner(Appeals) order setting aside the Cenvat credit demand, I agree that the since Cenvat Credit had already been reversed and the show cause notice did not propose to recover the....