2023 (10) TMI 422

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....2008 04.2007 to 11.2007 9,51,26,759/- 2 V/15/201/08-Adj 02.01.2009 12.2007 to 10.2008 9,19,74,349/- 3 V/15/209/2009-Adj 03.12.2009 11.2008 to 10.2009  5,08,33,141/- 4 V/15/208/2010-Adj 06.12.2010 11.2009 to 10.2010 5,97,71,546/- 2. Earlier on similar issue, the matter had reached the Tribunal, wherein, Final Order No. 1552/2010 dated 21.12.2010 was passed. In that Order, it has been clearly held that there is no need to reverse any Cenvat credit when the exempted goods are cleared or exported to EOU or to SEZ. The Adjudicating Authority, relying on this decision, passed OIO No. VIZ-CEX-001-COM-017-12 dated 27.01.2012, wherein, he dropped the demand of Rs.27,08,36,663/- and Rs.3,11,6....

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....ready paid interest of Rs.1,47,209/-. They draw out attention to Page No.92 of the Appeal book. 6. In respect of Rs.15,59,640/-, they submit that even after noting that they have already reversed this amount, still the Adjudicating Authority has not appropriated the same. They submit that they are not required to pay interest on the same as they were always carrying much more balance in their Cenvat credit account. 7. In respect of confirmed demand of Rs.74,64,464/- on account of Tri Ethyl Amine, they submit that they have been paying 10% duty when the exempted goods were cleared. The confirmed amount form parts of the overall duty demand made under the four SCNs referred above. They submit that the Adjudicating Authority while droppi....

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....onsidering the above facts and documentary details given, it is seen that in respect of the interest of Rs.29,61,191/-, the same stands paid by the Appellant. Since the Appellant has not brought in any evidence to the effect that they were carrying sufficient balance, we reject their submission that interest is not required to be paid. The interest of Rs.1,47,209/- paid by them meets the requirement of interest as demanded in the OIO. 13. Similarly, in respect of Rs.15,59,640/-, since the AR's Office has received confirmation about payment of the same and the Appellant is not contesting the same, no Appeal lies from the Appellant's side on this count. However, they are required to pay the interest on this amount. 14. In respect of con....