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2018 (11) TMI 223 - CESTAT AHMEDABADLiability of Interest and penalty - credit of Education Cess and Secondary & Higher Education Cess subsumed in the opening balance of cenvat credit as on 01.03.2015 - Held that:- The facts was very much in the knowledge of the Revenue. Therefore, there is no suppression of fact on the part of the appellant, accordingly, the penalty imposed under Section 11AC is not imposable. Demand of Interest - Held that:- If at all, there is availment of wrong credit w.e.f 01.03.2015 only, however, from 01.03.2015 till the reversal of the credits the appellant have not utilized the said amount. As per the amended Rule 14 w.e.f. 01.03.2015, the interest is chargeable for the act of wrong availment of credit only when the assessee wrongly availed and utilized the cenvat credit - In the present case the credit of Education Cess and Secondary & Higher Education Cess was subsumed in the opening balance of March 2015. Since till the date of reversal, it was not utilized, therefore, the interest is not chargeable - interest demand set aside. Appeal allowed - decided in favor of appellant.
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