Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2018 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (1) TMI 1013 - CESTAT AHMEDABADLiability of interest - CENVAT credit availed wrongly, but not utilized - case of appellant is that since the said credit has not been utilized, therefore, interest for the intervening period is not applicable - whether interest is payable on the erroneous Cenvat credit availed during the period September 2008 to January 2009? - Held that: - There is no dispute of the fact that the appellant had incorrectly availed Cenvat credit of the amount of additional customs duty and countervailing duty forgone while the capital goods are imported under the EPCG Scheme - Tribunal in the case of Atul Ltd. and others [2017 (4) TMI 217 - CESTAT AHMEDABAD] after analyzing the principles of the law laid down in this regard held that erroneous credit availed even if not utilized; interest could be applicable for the normal period of limitation - interest upheld - appeal dismissed - decided against appellant.
|