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2008 (3) TMI 571 - AT - Central ExcisePenalty and interest - utilisation of Cenvat/Modvat credit - Capital goods - Held that: - the balance of credit available was always more than the credit taken. Therefore it cannot be said that wrongly taken credit has not been used by the Respondents - even the show cause notice has not proposed the confiscation of the impugned goods. That apart, there is no evidence of mala fide on the part of the Respondents. In any case, the Commissioner (Appeals) has relied on the decisions of the higher judicial fora in dropping the demand of interest and also penalty - appeal dismissed - decided against Revenue.
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