2017 (3) TMI 1137

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nputs viz. parallel flange beam/column used in the manufacture of crane, discharge, chute, crane, gantry, crane column etc. (in Appeal No. 299/2012) and for trailer truck (in Appeal No. E/300/2011). 1.1 Further, in both the appeals, the impugned orders sustain the liability of interest for the period, when Cenvat credit was lying in the account of the appellant, though it was reversed later. 2. The appellant has been represented by the ld. Advocate, Ms. Shreya Dahiya and Revenue has been represented by ld. AR, Shri Dharam Singh. 3. After hearing both the sides and perusal of the record, it appears that the appellant M/s Jindal Steel & Power Ltd. is entitled to Cenvat credit on the subject inputs as the same have been used for manuf....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....On the other hand, ld. AR, Shri Dharam Singh, vehemently argues that interest is liable to be paid even when the Cenvat credit has not been utilised by the assessee. In support he cites the decision of the Hon'ble Supreme Court in the case of Union of India Vs. Ind-Swift Laboratories Ltd. - 2011 (265) ELT 3 (SC), and Hon'ble Madras High Court decision in the case of CCE, Chennai-IV Vs. Sundaram Fasteners Ltd. - 2014 (304) ELT 7 (Mad.) and Hon'ble Chhattisgarh High Court's decision in the case of CCE, Raipur Vs. Vandana Vidyut Ltd. - 2016 (331) ELT 23 (Chhattisgarh) saying that there is interest liability arising against the assessee once they have wrongly availed Cenvat credit though it was reversed before utilisation. 6. After careful c....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....facturer or the provider of the output service and the provisions of Sections 11A and 11AB of the Excise Act or Sections 73 and 75 of the Finance Act, shall apply mutatis mutandis for effecting such recoveries." 16. A bare reading of the said Rule would indicate that the manufacturer or the provider of the output service becomes liable to pay interest along with the duty where CENVAT credit has been taken or utilized wrongly or has been erroneously refunded and that in the case of the aforesaid nature the provision of Section 11AB would apply for effecting such recovery. 17. We have very carefully read the impugned judgment and order of the High Court. The High Court proceeded by reading it down to mean that where CENVAT credit has be....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... has been erroneously refunded‟ as the word "AND". On the happening of any of the three aforesaid circumstances such credit becomes recoverable along with interest.   18. ....................................... 19. A taxing statute must be interpreted in the light of what is clearly expressed. It is not permissible to import provisions in a taxing statute so as to supply any assumed deficiency. In support of the same we may refer to the decision of this Court in Commissioner of Sales Tax, U.P. v. Modi Sugar Mills Ltd. reported in (1961) 2 SCR 189 wherein this Court at Para 10 has observed as follows : - "10. ....... In interpreting a taxing statute, equitable considerations are entirely out of place. Nor can ....