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2011 (1) TMI 1016 - AT - Central ExciseDuty demand with interest - calculation of interest - CENVAT credit reversed but they did not pay interest - Held that:- As there is no dispute that the respondents were not entitled for the credit on the items in question. The interest is leviable on wrongly utilised credit is also not in dispute. Thus agreeing with the respondent's contention that the interest liability would arise from the date of wrong utilisation of credit in view of the judgment of Commissioner of Central Excise, Delhi vs. Maruti Udyog Ltd. (2006 (10) TMI 63 - HIGH COURT,PUNJAB & HARYANA). In the instant case, interest has been calculated from the date of credit taken. Therefore, the quantum of interest has to be calculated from the date of wrong utilisation of the credit - case is remanded to the adjudicating authority for the limited purpose of re-quantifying the interest.
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