2009 (10) TMI 8

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.... Bhide, Consultant for the Assessee. Shri J.S. Negi, SDR for the Revenue. [Order per : B.S.V. Murthy, Member (Technical)] - Revenue is in appeal against the orders passed in respect of two respondents by Commissioner (Appeals). Both appeals involve a very short issue. Both the appellants paid the service tax on outward transportation charges by utilizing Cenvat Credit. Commissioner, in his o....

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....ility for interest also. 2. Learned SDR on behalf of the Revenue submits that once it is accepted that the reversal of Cenvat credit for payment of service tax was wrong, interest liability which is statutory, cannot be waived by any quasi-judicial authority or Tribunal in view of the provisions of law requiring interest to be paid. 3. I have considered the submissions made by both sides. Co....

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.... time. I therefore find no justification in demanding payment of interest in this case. In coming to the above conclusion, I rely upon the decision of the Hon'ble Tribunal in the case of M/s Bhushan Power Steel Ltd. Vs. CCE BBSR-II reported in 2008 (10) STR 18 (Tri-Kolkata) wherein the Hon'ble Tribunal set aside the order demanding interest in a similar situation; the ratio of the above judgment s....

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....ocedural irregularity was rectified. The liability of interest has been prescribed where the appellant retains the money which may be due to be paid to the Government which is not the case here. I find considerable force in the arguments advanced by the learned Consultant. Strictly going by the law, interest may be due, but the fact remains that by reversing the Cenvat credit, the respondents had ....