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2019 (4) TMI 1598 - CESTAT BANGALOREDemand of Interest and penalty - irregular availment of CENVAT credit, nut not utilized - allegation against the appellant is that they have availed 100% CENVAT credit on capital goods instead of only 50% of the credit - HELD THAT:- This issue is no more res integra and has been settled by the jurisdictional High Court of Karnataka in the case of COMMISSIONER OF CENTRAL EXCISE & SERVICE TAX LARGE TAXPAYER UNIT, BANGALORE VERSUS M/S BILL FORGE PVT LTD, BANGALORE [2011 (4) TMI 969 - KARNATAKA HIGH COURT] has held that the assessee is not liable to pay interest if he has not utilized the CENVAT credit and there was sufficient CENVAT credit in the books of the assessee during the relevant time. Demand of interest and penalty do not sustain - appeal allowed - decided in favor of appellant.
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