2016 (2) TMI 109

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....) ORDER PER DR. D.M.MISRA: 1. This is an appeal filed against Order-in-Appeal No. 04/HAL/2012 dt.17.02.2012 passed by the Commissioner of Central Excise (Appeals), Appeal-I, Kolkata. 2. Briefly stated facts of the case are that the appellant had availed inadmissible cenvat credit on basic customs duty instead of CVD amounting to Rs. 44,01,967.73 during August, 2005 to March, 2007. The entire a....

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....h oversight, but as soon as it came to their notice, the credit was reversed voluntarily. The reversal of the credit from time to time was reflected in their monthly Returns. He submits that the show cause cum demand notice was issued for recovery of interest three years after reversal of the credit. It is his contention that the demand for interest in absence of suppression of fact, misdeclaratio....

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....Appeals) has not been challenged by the revenue. In this premises, it is not difficult to infer that there has been no suppression, misdeclaration etc. by the appellant. Consequently the show cause notice issued for recovery of interest issued after three years, was barred by limitation in view of the judgement of the Hon'ble Delhi High Court in Hindustan Insecticides Ltd. case (supra). Their Lord....

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.... Delhi High Court in the case of Kwality Ice Cream Company (supra), Punjab and Haryana High Court in the case of M/s. VAE VKN Industries Private Limited (supra) and Gujarat High Court in Gujarat Narmada Fertilizers Company Limited (supra). These judgments have relied upon the decision of the Supreme Court approving the view of the Tribunal in TVS Whirlpool Limited (supra) wherein pari materia prov....