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2012 (12) TMI 41 - AT - Central ExciseChargeability of interest - differential amount paid for inputs removed as such - reversal of equal amount of credit, done before issue of show cause notice on being pointed out – Held that:- This is not a case of wrong availment of credit - payment of differential amount under Rule 3(4) of the Cenvat Credit Rules, 2002, there appears to be no provision of charging of interest nor is the Ld. DR able to show any such provision - no interest is chargeable Penal liability – Held that:- Case would be covered under the provision of Rule 13(1) of Cenvat Credit Rules, 2002 as there is a contravention of Rule 3(4) in as much as the entire amount of credit as required under the amended provision was not reversed initially. For such contravention which was not on account of fraud, mis-statement, collusion etc. penalty reduced
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