TaxTMI 
TaxTMI 
2018 (10) TMI 392
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.... the persons who were living on the said land, by constructing residential accommodation under the Rehabilitation and Resettlement Policy for setting up its 'Mahan Aluminum Smelter Plant' at village Bargawan, Distt. Singrauli, MP. 2. The appellant acquired a piece of land in a remote village after paying appropriate compensation for acquisition of land and after construction of the rehabilitation & resettlement (RR) colony, for setting up its 'Mahan Aluminum Smelter plan' at Bargawan, Distt Singrauli, M.P. Such RR colony was set up by the Appellant as part of its Corporate Social Responsibility (CSR). It was imperative on the Appellant's part to construct the RR colony, failing which the land for manufacturing plant could not have been pro....
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....nder dispute have been received for construction of residential colony near the plant, the same are related to be the activity of manufacture of excisable goods and as such are covered under the exhaustive definition of the term "directly or indirectly" in or in relation to manufacture of final product. Thereafter, the Revenue issued the Show Cause Notice dated 22nd July 2014 proposing the demand for recovery the Cenvat Credit of Rs. 34,04,08,789 along with the interest, further the penalty was proposed. The said SCN was the Adjudicated authority vide the impugned order by the ld. Commissioner, proposed amount was confirmed and appropriated from the amount already paid by reversal, along with the interest of Rs. 94,80,124, further an equal ....
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....ose as Annexure-A) is recoverable from the Noticee under Rule 14 of the Credit Rules read with section 11A & Section 11AA of the Act on wrongly availed Cenvat Credit on input services. 8.The notice has also contravened the provisions of Rule 2(1) 3& 9(5) of the Credit Rules, and therefore, they are liable for the penal proceedings under the Rule 15 of the Credit Rules." 7. From the plain reading for the aforementioned allegations, the counsel points out that there is no allegation of any suppression or falsification of record with intention to the evade payment of duty. The transactions are admittedly recorded in the books of accounts ordinarily maintained. Accordingly the ld. counsel prayed for allowing the appeals on the ground of limit....
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....ation and resettlement and the same had no relation for the manufacture of final products and clearance. The Noticee too is not disputing the same and had made the reversal of wrongly taken input service as per the directives of the department. The availament of cenvat credit amounting to 3,04,09,789/- which in view of the narration above are inadmissible under Rule 2(1) of the Cenvat Credit Rules, 2004. The Noticee themselves had agreed and reversed the said wrongly availed cenvat credit on being pointed out by the department meaning thereby that the Noticee themselves were aware that the same had been wrongly availed and hence are liable to be appropriated against the demand. 21. The Noticee had denied to pay the interest on the said rev....
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....o reason to read the word "OR" in between the expression 'taken or utilized wrongly' or has been erroneously refunded' as the work "AND". On the happening of ay of the three aforesaid circumstances such credit becomes recoverable along with interest. Once the tax is paid on input or input services or service rendered and a corresponding entry is made in account books of the assessee, it amounts to taking the benefit of cenvat credit and the said credit can be utlised for payment of Central Excise duty or Services Tax as the case maybe, hence interest would be recoverable. 22. The Noticee contended and relied upon the decision passed by the Hon'ble Karnatka High Court in the case of CCE Bangalore V/s M/s Bill Forge Pvt. Ltd Bangalore. The s....