2015 (10) TMI 108

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.... For the Respondent : Shri Mohd. Yousuf, Addl. Commissioner(AR) ORDER Per : ASHOK K. ARYA Both the parties have been heard in detail. 2. The matter concerns the liability of the interest on the CENVAT credit taken for the inputs which had been sent for job work and were not returned within 180 days as per Rule 4(5)(a) of the CENVAT Credit Rules 2004 (the Rules for short). The appella....

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....f the Rules. She further argues that therefore, the recovery under Rule 14 earlier to 2015 amendment could be made with reference to only sub-rule 7 of Rule 4 of the Rules using the provisions of Rule 14 of the Rules. 3. The learned advocate for the appellant refers to the decision of the Hon'ble Karnataka High Court in the case of CCE&ST,LTU, Bangalore Vs. Bill Forge Pvt. Ltd. [2012(279) ELT 2....

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....interest is recoverable wherever CENVAT credit has either been taken wrongly or utilised wrongly. 5. I have carefully gone through the facts of the case and also the pleadings made by both the parties. I find that Hon'ble Karnataka High Court as well as Hon'ble Madras High Court in the cases quoted above have considered the decision of Hon'ble Supreme Court made in the case of UOI Vs. Ind-Swift....

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.... credit though wrongly taken not utilised, interest and penalty cannot be recovered from assessee. The Hon'ble High Court of Madras has, inter-alia, stated in the above decision in para 11 as below:- 11. It is an admitted fact that Rule 14 of the Cenvat Credit Rules as been subsequently amended, wherein it has been clearly stated as taken and utilised. Therefore, it is quite clear that mere tak....