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2014 (3) TMI 631 - CESTAT AHMEDABADDemand of interest - Whether the appellant is liable to pay interest amount of Rs. 2,375/- on the Cenvat credit availed by them improperly on the basis of Xerox copies of bill of entry and whether the appellant is liable to penalties under rule 15 of the Cenvat Credit Rules, 2004 - Held that:- appellant had reversed the Cenvat credit on 04.12.2008, as soon as it was pointed out by the audit party. It is also on record that the said reversal was kept informed by the appellant to the authorities - there are various decisions of the Tribunal in the case of Emco Limited vs. CCE, Mumbai [2011 (6) TMI 567 - CESTAT, MUMBAI] and CEAT Limited vs. CCE, Mumbai [2011 (10) TMI 235 - CESTAT, MUMBAI], wherein it has been held that for demanding interest also, the revenue authorities have to issue the notice within period of limitation. In the case in hand, as reproduce above, the reversal was in 2008 while the show cause notice was issue in 2010, which according to me is blatantly time bared - Decided in favour of assessee.
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