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2012 (6) TMI 727 - AT - Central ExciseDuty demand - CENVAT Credit - Interest and penalty - Held that:- Even though during the period of dispute, there was no provision for recovery of the amount payable under Rule 6(3) of Cenvat Credit Rules, 2001/2002/Rule 57AD (2) of Central Excise Rules, 1944 from an assessee who had not paid the same, since such a provision for recovery was introduced with retrospective effect only by Section 82 of the Finance Act, 2005, while the amount not paid can be recovered along with interest by invoking the recovery provision - while the demand for the amount demanded under Rule 6(3) of Cenvat Credit Rules, 2001/2002/Rule 57AD(2) of Central Excise Rules, 1944 along with interest is upheld, the penalty of Rs. 59,73,020/- imposed on the appellant is set aside. As regard, the penalty of Rs. 1348/- for clearance of ODS without payment of duty, the same is not disputed and is upheld - Following decision of CCE and ST LTU, Bangalore v. Bharat Electronics Ltd. [2011 (3) TMI 512 - KARNATAKA HIGH COURT] and CCE, Allahabad v. JHV Sugar Corporation Ltd. [2009 (10) TMI 798 - CESTAT NEW DELHI] - Decided partly in favour of assessee.
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