2019 (5) TMI 509

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....Excise and Service Tax Appellate Tribunal (the Tribunal). Both the impugned orders deal with an identical issues. 2. The Appeals from the above two orders were admitted on 15th October,2018 and 5th April, 2019 on the following identical question of law: "Whether on the facts and in the circumstances of the case and in law was the Tribunal justified in holding that the credit is wrongly taken then mere non-utilization would not lead to waiver of interest?" 3 The order dated 15th October, 2018 while admitting Central Excise Appeal No. 78 of 2018 on the above substantial questions of law, inter alia, recorded the following: "The impugned order of the Tribunal has relied upon the decision of the Apex Court in Union of In....

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....king of the Cenvat Credit in terms of Rule 14 of the Cenvat Credit Rules, 2004 and not dependent on utilization. 6. In view of the above decision of this Court in GL & V India Pvt. Ltd., (supra) on 18th April, 2019, we put both these appeals on board for directions. At that time, we informed the parties that the substantial question of law raised herein seems to be prima facie, concluded in favour of the Respondent-Revenue. Consequently, both the appeals were put on board for final disposal on 25th April, 2019. At that time, Ms. Patil, the learned Counsel in support of the appeal sought time and at her request, the appeal was adjourned to 26th April, 2019. 7. Today, Ms. Patil, learned Counsel for the Revenue very fairly states that....

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....s an undisputed position before us that the decision of the Coordinate Bench in GL & V India Pvt. Ltd., (supra) would conclude the issue raised herein in favour of the Respondent-Revenue and against the Appellant-Assessee. In fact, the decision of the Madras High Court in M/s. Strategic Engineering Ltd., (supra) which held that the amendment made to Rule 14 of the Cenvat Credit Rules, 2004 on 1st April, 2012 with effect from 17th March, 2012 was clarificatory in nature and, therefore, retrospective is no longer good law. This as a subsequent decision of the Madras High Court in Commissioner of Central Excise and Service Tax v/s. Sri Kumaran Alloys (P) Ltd., 2019 (365) ELT 305 held its decision in M/s. Strategic Engineering Ltd. (supra) to h....