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2015 (12) TMI 935 - CESTAT MUMBAIDuty demand u/s 11A - Reversal of CVD - Held that:- Appellant availed the credit of SAD during the period March 2005 to November 2006 and cleared the inputs as such without reversing the credit of SAD availed on such inputs, it was only reversed in the month of December 2006. In these circumstances, as the appellant had wrongly retained the amount of credit hence the appellants are liable for interest on the amount under Section 11AB of the Central Excise Act. In respect of penalty, I find that the appellant had only availed the credit but had not utilized and the credit was rightly availed at the time of receipt of the inputs in the factory. However, part of the credit was not reversed, i.e. of SAD hence it is not a case for imposition of any penalty. The penalty is set aside - Decided in favour of assessee.
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