2014 (3) TMI 744

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..... cenvat credit and even it was not utilized interest is not payable was not available - Following decision of UOI v. Ind-Swift Laboratories Ltd. [2011 (2) TMI 6 - Supreme Court] - Stay granted. - E/2723/2010 - Stay Order No. 490/2011 - Dated:- 20-6-2011 - Shri B.S.V. Murthy, J. Shri K. Parameswaran, Advocate, for the Appellant. Ms. Sabrina Cano, JDR, for the Respondent. ORDER In .....

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..... riod is over, the Department has issued a notice proposing demand of interest and imposing penalty. In view of the prevailing decisions during the relevant time, suppression of facts or misdeclaration could not have been arose for imposition of penalty under Section 11AC when demanding interest. 3. I find that on that ground of limitation itself, the appellant had made out a prima facie case in .....

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