2018 (10) TMI 1417

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....Vatvani, Ld. C.A. appearing on behalf of the appellant at the outset submits that in the identical issue in their own case, this Tribunal has allowed the credit in respect of majority of services except some general insurance services. In the present case also, he concedes that in respect of certain insurance services, he is not contesting demand of CENVAT credit. He further submits that in respect of the demand, which is accepted by the appellant, which amounts to Rs. 4,15,822/-, there should not be any demand of interest for the reason that has they have been maintaining CENVAT credit balance approx. 40 lakhs which shows that the credit of Rs. 4,15,822/- though availed but not utilized. Therefore, interest demand is not sustainable. He fu....

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....y of Rs. 9,54,955/-, (ii) Chartered Accountants Service of Rs. 3,76,337/-, (iii) Repairs and Maintenance Service in the factory Rs. 11,998/- (iv) Share Registry Service of Rs. 2,472/-, (iv) Accounting Service of Rs. 84,048/-, (v) The All India Glass Manufacturer Membership Service of Rs. 4,277/-, (vi) Courier Service of Rs. 8,889/-, (vii) Air Travel Agents Service of Rs. 4,628/- and Insurance Policy for the factory building, Plant Machinery amounting to Rs. 3,77,340/-, are admissible to them in view of the decisions of this Tribunal in the following cases:- (i) Renting of Immovable Property Service Carrier Air Conditioning & Refrigeration Ltd. Vs. CCE,Delhi 2016 (41) STR 824(Tri.-Chan.) (ii) Chartered Accountants Service & Share Registr....

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....0/-. Appeal partly allowed as above." 4. On careful reading of the above order, I find that except the CENVAT credit on various general insurance the credit on all other services have been allowed. In the present appeal, Ld. C.A. has fairly agreed that those general insurance services are not admissible to them. Hence, they are not contesting for an amount of Rs. 4,15,822/-. Accordingly, the demand of Rs. 4,15,822/- in appeal no. ST/10319/201SM is upheld. As regard the demand of interest, I find that the appellant have not utilized the credit of Rs. 4,15,822/- as they have maintained the credit balance approx. Rs. 40 lakhs during the relevant period. In terms of amended rule 14 of CCR, 2004 with effect from 01/04/2012, the interest is cha....