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2014 (2) TMI 567 - AT - Central ExciseClassification of goods - Classification under CETH 40021100 and organic chemicals falling under CETH 29 - Transaction value adopted for payment of duty was less than the value on which duty was paid by the supplier resulting in more Cenvat credit than what was eligible - Demand of differential duty - Held that:- during the relevant period there were decisions that if the Cenvat credit has not been utilized, no interest is payable. Further, it was also a prevailing view that if excess Cenvat credit is available in the books, it would result in a situation whereby the Cenvat credit has not been utilized in respect of any short levy arising because of wrong utilization of Cenvat credit. In view of the above position, the submission that the provisions of Section 11A(2B) is attracted is valid. Interest is payable whether Cenvat credit has been utilized or not. Therefore the interest quantified by the appellant and adjusted against the rebate claim filed by the appellant is actually payable and has already been paid and therefore the same is confirmed - wrong practice occurred because of non-modification of the software; bona fide belief of the appellants as regards the liability, wrong payment of amount short paid for the period before issue of show cause notice without waiting for proceedings; the payment of dues for the one year period without taking excess and short payments for the whole period, I find that it is only a bona fide mistake which has resulted in short levy and no penalty is warranted - Decided partly in favour of assessee.
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