2017 (6) 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

....respondent ORDER The appellant filed these appeals only for waiver of penalty and interest. 2. The fact of the case is that the appellants are engaged in the manufacture of networking and information technology products falling under Chapter 84 & 85 of the Central Excise Act, 1985. The appellant, in respect of the goods supplied to research institutions under the Notification No. 10/97-CE....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rest of Rs. 1,97,814/-  and also Rs. 12,54,989/-  but no interest was paid in respect of this amount. The reversal was made in view of the decision of the Hon'ble Supreme Court in the case of Amrit Paper Vs. Commissioner of Central Excise, Ludhiana 2006 (200) E.L.T. 365 (S.C.) on their own. The appellant being aggrieved by the Order-in Original dt. 28.6.2006 filed an appeal before th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he Hon'ble Supreme Court has reversed the same in Amrit Paper (supra). Therefore the issue was contentious and interpretation of Rule 6 was involved therefore penalty should not be imposed. 3.  On the other hand, Shri H.M. Dixit, Ld. Assistant Commissioner (A.R.) appearing on behalf of the Revenue reiterates the findings of the impugned order. 4.  I have carefully considered th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Therefore even if the credit was not utilized, the interest is chargeable even on taking credit also therefore the interest is correctly chargeable as held by Hon'ble Supreme Court decision in the case of Union of India Vs. Ind-Swift Laboratories Ltd. 2011 (265) ELT 3 (SC). As regard penalty, I agree with the submission of the Ld. Counsel that the issue whether 8% 10% the reversal is required....