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2013 (8) TMI 28 - CESTAT AHMEDABADStay - Interest under Rule 14 of the Cenvat Credit Rules, 2004 of cenvat credit and reversal of the same on their own as ineligible – Held that:- Rule 14 as has been substituted by new Rule 14 which talks about cenvat credit has been ‘taken and utilised’ - Appellant has not utilised the cenvat credit – Also, as per judgment of the Hon’ble High Court of Gujarat in the case of Dynaflex Pvt. Ltd. [ 2010 (12) TMI 389 - GUJARAT HIGH COURT], has specifically held that if the credit is taken but not utilised, interest liability does not arise - Issue needs to be gone into detail. Limitation – Waiver of pre-deposit – Held that:- Show cause notice has been issued on 28.07.11 demanding interest from the appellant for the cenvat credit reversed by them during the period 2006-07 and 2009-10 - Show cause notice does not invoke any suppression or mis-statement on the part of the appellant and hence for demand of interest also, the extended period needs to be considered - Appellant has made out a case for the waiver of the pre-deposit – Stay granted.
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