2015 (10) TMI 1549

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....appellants erroneously availed cenvat credit of Rs. 23,30,228/- which was reversed by them vide RG 23A Part II Entry No 2803 dtd 29.2.2008 before its utilization. The appellant by letter dtd 6.3.2008 informed the jurisdictional Central Excise Officer of reversal of the cenvat credit. The Central Excise Officers during the verification of records in the month of May, 2008 noticed the reversal of credit. 2. A show cause notice dtd 25.3.2009 was issued proposing to appropriate the cenvat credit reversed by the appellant alongwith interest and to impose penalty. The Adjudicating Authority confirmed the recovery of the amount and appropriated, as paid by them alongwith interest and also imposed penalty equal amount of Cenvat Credit. The Commiss....

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....c) CC&CE Hrderabad vs BHEL - 2014.303.ELT.139 (Tri. Bang) d) CCE&ST Pune iii vs Vodafone Essar Cellular Ltd - 2013.30.STR.81 (Tri.Mum) e) Idea Cellular Ltd vs CCE&ST, Cochin - 2014.34.STR.761.(Tri.Bang.) 5. The Learned Authorised Representative for Revenue submits that the appellant is an organized sector and they have wrongly taken cenvat credit in respect of electricity charges and retained more than one-and-half years and reversed the credit before the audit. It is clear that the conduct of the appellant is not bonafide and submitted that the imposition of penalty and the demand of interest are justified. 6. After hearing both the sides and on perusal of the records, I find that the appellant by its letter dtd 6.3.2008 addressed to t....

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....reme Court in the case of Indo-Swift Laboratories (supra). The said decision was against the decision of the Honble Punjab and Haryana High Court in the case of Indo swift Vs UOI [2009.240.ELT.328 (P&H)]. The facts of the case of Indo Swift Laboratories (supra) are that the petitioner during 1.11.2011 to 31.3.2012 received invoices. On the basis of such invoices, the petitioner claimed cenvat credit of Rs. 6,50,44,412/-. Out of the said amount, the petitioner utilized the credit of Rs. 5,71,47,138/- only. In this contest, it was held that the appellant/petitioner is liable to pay interest from the date of availing credit and not from the date of utilization. I find that the Hon'ble Madras High Court in the case of Strategic Engg Pvt Ltd (s....