2014 (10) TMI 202

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....eli, Dy. Commissioner (AR) JUDGEMENT Per : B.S.V.MURTHY In the impugned order, it has been held that appellant is not eligible for CENVAT credit of Rs. 20,69,258/- taken during the period from April 2005 to September 2007. Besides demanding interest, penalty has been imposed equal to the amount of CENVAT credit disallowed and demanded. 2. Learned counsel submits that credit has been disallowe....

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.... * Indian Chamber of Commerce vs. CIT: 1976 (1) SCC 324-SC * Varuna Sulphonators Pvt. Ltd. vs. UOI: 1993 (68) ELT 42 (All.) * Daga Nylomet Pvt. Ltd. vs. Commissioner: 1993 (67) ELT 270 (Cal.) * Collector of Central Excise vs. Rajasthan State Chemical Works: 1991 (55) ELT 444 (SC) * UOI vs. Ahmedabad Electricity Co. Ltd.: 2003 (158) ELT 3 (SC) * Union Carbide India Ltd. vs. CCE, Calcutta: 199....

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....e find ourselves in agreement with the submissions of the appellant except for the Insurance service alone. As regards Insurance service, in our opinion, the rejection on the ground that appellants did not substantiate that they have actually incurred the expenses and did not recover from the employees is valid. In the normal course, we should have remanded the matter at this stage itself. However....

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.... arises is whether the appellant should pay the amount of Rs. 7,78,245/- with interest or should it be sent back for verification. Assuming that the entire amount is payable, it would show that the appellants have already reversed the entire amount of CENVAT credit in dispute in this case. Only interest would be payable on the insurance service. It was also submitted that the reversal took place w....