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2010 (8) TMI 722 - AT - Central ExciseStatus of dismissed appeal / SLP by the Apex Court - held that:- Dismissal of the SLP would not amount to confirmation of the decision of the Tribunal. - The law in that regard is well settled by the Apex Court in Kunhayammed v. State of Kerala (2000 -TMI - 40239 - SUPREME Court). Interest on wrong availment of cenvat credit - reversal of unutilized cenvat credit - held that:- In the matter in hand, undisputedly, the credit was wrongly availed and it was reversed on being pointed out by the Audit. Being so, taking into consideration the provisions of Rule 14 of the said Rules merely because it remained unutilised till the last date of financial year in which it was wrongly availed would not be a ground to contend that the appellants are not liable to pay interest.
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