2008 (2) TMI 195

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....di, Authorised Representative (JDR) for the Revenue. [Order Per Shri T. K. Jayaraman (Oral)]-1. This appeal has been filed against Order-in-Appeal No.111/2006 Central Excise dated 27.10.2006 passed by the Commissioner of Central Excise (Appeal-I), Bangalore. 2. The learned Advocate Shri R. Dakshina Murthy stated that the appellants are challenging only the interest paid on the modvat credit ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he credit, they never utilized it and when the irregularity was pointed out the credit was reversed without demur. In these circumstances, he argued that no interest would be payable and this issue is squarely covered by the judgment of this Bench in the case of Page Apparel Private Limited Vs. CCE - 2007 (208) ELT 108 (Tribunal.-Bang.) wherein it was held that the interest would not be payable wh....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....supra, which was decided against the party by the Tribunal, the appellants approached the Hon'ble Karnataka High Court and the court reversed the decision of the Tribunal which levied interest vide Writ Petition T.R.C. No.8/2004 dated 30.10.2007. 6. On a very careful consideration of the issue, I find that the issue is squarely covered by the decision of this Tribunal in the case of Page Appare....