2016 (3) TMI 473

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....e Respondent : Mr. Anurag Kapur (Advocate) For the Petitioner : Mr. M.R. Sharma, DR ORDER PER S K MOHANTY: The brief facts of the case are that during the disputed period, the appellant had availed cenvat credit on angles, beams, Purlin & Roof Sheeting, Wall Panel etc., treating the same as input for manufacture of capital goods i.e. Steel Structural of Pre Fabricated Steel Building in....

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....udgment of Honble Supreme Court, in the case of UOI vs Ind Swift Laboratories Ltd. reported in 2011 (265) ELT 3 (SC). Hence, the present appeal before this Tribunal. 2. Heard the Ld. Counsel for both the sides and perused the records. 3. I find that the irregularly availed cenvat credit was reversed by the appellant upon detection of mistake by the Audit Wing of the Central Excise Departmen....

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....- vs Bill Gorge (P) Ltd. reported in 2012 (279) ELT 209 (Kar.) has held that the credit taken if not utilized for payment of Central Excise duty, the same bears the character of a mere book entry and the interest liability cannot be confirmed against the assessee. In the above cited judgment, the Honble Court further held that the judgment of Honble Supreme Court in the case of Ind Swift Laborat....