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2016 (11) TMI 1457 - AT - Central ExciseCENVAT credit - duty paying invoices - appellants produced photocopy of the duplicate copy of Bill of Entry and could not produce original of duplicate copy of Bill of Entry - Held that: - the appellant produced the evidence that M/s. Shiva Polyplast Pvt. Ltd., Kanpur, had not availed credit on the basis of the said Bill of Entry and no attempt was made by the department to verify the said evidence - department should have examined the evidences, as placed by the appellant, for the purpose of availing Cenvat Credit - matter is required to be examined by the lower authorities. Interest on CENVAT credit availed wrongly - credit not utilised in terms of rule 14 of CCR, 2004 - Held that: - the issue of interest on unutilized reversed credit entry was the subject matter of Hon’ble Supreme Court decision in the case of Union of India Vs. Ind-Swift Laboratories Ltd. [2011 (2) TMI 6 - Supreme Court], where it was held that once the entry was reversed, it is as if that the Cenvat credit was not available - interest is not payable on reversal of the unutilized Cenvat Credit - appeal allowed. Appeal allowed in part and part matter on remand.
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