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2014 (2) TMI 822 - AT - Central ExciseInterest demand - Reversal of CENVAT Credit under Rule 3(5) of the Cenvat Credit Rules, 2004 - CENVAT Credit taken on such inputs was not reversed at the time of removal of inputs as such, which resulted in short reversal of CENVAT Credit - Recovery of interest under Rule 14 of the Cenvat credit Rules, 2004 read with Circular No. 897/17/2009-CX dated 3.9.2009 - Held that:- provision of limitation are applicable to the recovery of interest - where the credit has not been utilized, the same would not attract the interest provisions - Following decision of Hindustan Insecticiedes Ltd. Vs. CCE, Ltu [2013 (8) TMI 225 - DELHI HIGH COURT], CCE & ST, Bangalore Vs. Bill Forge Pvt. Ltd. [2011 (4) TMI 969 - KARNATAKA HIGH COURT] whereas said decision was passed after considering the decision of Union of India Vs. Ind-Swift Laboratories Ltd. [2011 (2) TMI 6 - Supreme Court] - Decided in favour of assessee.
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