2016 (6) TMI 582

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....am, AC (AR) ORDER M/s. Komatsu India Private Ltd., appellant herein, are registered with the department for manufacture of :Drump Trucks . The appellants are availing the benefit of cenvat credit scheme and on verification of the service tax records maintained by the appellant, it was noticed that they had availed cenvat credit of the service tax paid on reverse charge basis in respect of On....

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....tion would not result in any loss of revenue to the exchequer and therefore they are not liable for payment of interest. In the impugned order, the Commissioner (Appeals) has observed that while accepting that appellant did not utilize the credit has observed that the demand of interest is sustainable even though the appellant did not utilize the credit and paid the same voluntarily. The present a....

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....1 < year. Appellant has started to maintain account since November 2009 and before amendment to Rule 14 of the CCR, the said rule read as taken or utilized . The A.R contended that the credit has also been utilized and there is no time limit for demand of interest. The Commissioner (Appeals) has given his finding in paras 6 to 8 by relying on the decision of the Hon'ble Supreme Court in the case o....

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....resent case, the Commissioner (Appeals) has clearly held that non-utilization is not a criterion. The next ruling in the case of Nova Petrochemicals Ltd. Vs CCE Ahmedabad-II (supra) at para-8, the last five lines supports the contentions which is extracted below :- "I find that the Hon'ble High Court in the case of Strategic Engg. Pvt. Ltd. (supra) after considering the decision of the Ho....