TaxTMI 
TaxTMI 
2008 (4) TMI 129
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....fter hearing both sides on the stay application, the pre-deposit is waived and the appeal itself is taken up for disposal with the consent of both sides. During October, 2006 to January, 2007, the appellants M/s. Kyung shin Industrial Motherson Ltd. (KIPL), Padappai took credit of above Rs. 83 lakhs being tax paid on input service relatable to its new unit being set up which had yet to be register....
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....(3) of CCR in the impugned order. The appeal seeks to vacate this order. 2. In the appeal filed and through the ld. Counsel, the appellant has submitted that interest is demandable only if the amount of credit taken wrongly had been utilized. In their case the credit was not utilized and was reversed. Credit taken was not with any intention to evade duty liability and was not irregular. Therefore....
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....loids Ltd v. UOI [2006 (200) EL.T. 377(Raj)] to the effect that "Section 11AB clearly relates to a charge of interest related to amount in default for the period, the assessee remains in default of payment". Section 11AB provided for compensating the State for use of money belatedly paid to the exchequer for the duration of its use by the assessee. (b) CCE v. Ghodavat Foods International (Pvt.) L....