Abhishek Raja "Ram"
8 months ago
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šš²ššš®š ššš±š²šæš®šÆš®š± š„šš¹š¶š»š“ š¼š» ššš”š©šš§ ššæš²š±š¶š šš»šš²šæš²šš š¢ š§šµš² š§šæš¶šÆšš»š®š¹ šµš²š¹š±: "Interest is payable on irregularly availed CENVAT credit, regardless of utilization. Letters issued for recovery within four months are not time-barred. Appeal dismissed."
š šš®š°šš: šš½š½š²š¹š¹š®š»š: Sri Venkateshwara Bhakti Channel. ššššš²: The appellant reversed irregularly availed CENVAT credit but failed to pay due interest. The department issued a letter within four months, confirming liability for interest recovery.
āļø ššš±š“š²šŗš²š»š: The Tribunal upheld that interest is payable on availed or utilized CENVAT credit as per Rule 14 of CCR and the Indswift Laboratories ruling. A letter issued within four months for interest recovery is not time-barred. The absence of a show-cause notice was deemed irrelevant, as ample defense opportunities were provided.
š šš®šš² šš»š³š¼šæšŗš®šš¶š¼š»: š§š¶šš¹š²: Sri Venkateshwara Bhakti Channel vs. The Commissioner of Central Excise, Customs & Service Tax, Tirupathi. š¢šæš±š²šæ šš®šš²: 01 February 2023. š This ruling reinforces the obligation to pay interest on irregularly availed CENVAT credit, even when not utilized.
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