2013 (11) TMI 693

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....the Respondent: Sri S. Chakraborty, A.C. (A.R.) JUDGEMENT Per DR. I.P. LAL Two separate appeals have been filed by the applicants against the Order-in-Appeal No. 67-68/CE/B-I/2010 dated-16/12/2010. 2. Brief facts of the case are that the appellant had availed excess Cenvat Credit of Central Excise duty amounting to Rs.1,35,80,115/- in their Cenvat Credit Account Registry during the mon....

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....y on 30/01/2009. As such, another show cause notice dated has been issued for recovery of the interest under the above provisions. Both the show cause notices were confirmed by the order-in-original dated 31/05/2010. Being aggrieved, the assessee preferred appeals before the Commissioner (Appeals) who upheld confirmation of the interest. Against this order of the Commissioner (Appeals) the impugne....

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....) ELT 173 (P&H). 4. Per Contra, the Ld. A.R. appearing for the Revenue assailing the impugned order contended that in view of the judgemebnt of the Apex Court in case of M/s. Ind Swift Laboratories Ltd. reported in 2011 (265) ELT 3 (SC), interest is payable once the credit is taken as the assessee would be at liberty to utilize the same immediately thereafter subject to the credit rules. He sub....

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....s within one month of such filing. He contended that they could not refer the matter to C.O.D. within the said period of one month as COD was abolished on 17/2/2011. 6. Heard both the sides and perused the case records. 7. The Ld. A.R. has raised the issue of maintainability of the impugned appeals in as much as neither the appellant had obtained the COD clearance nor their any such applicat....