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2016 (8) TMI 752 - CESTAT BANGALORECenvat credit - ineligible credit taken wrongly - took Cenvat credit on basic customs duty, CVD, cess on textile and education cess instead of taking only on the countervailing duty and education cess as per law - appellant reversed the credit amount alongwith interest on being pointed out by the audit before issuance of SCN - Held that:- the issue is no more res integra in view of the judgment of the Hon’ble Karnataka High Court in the case of CCE, ST, LTU Bangalore Vs. Bill Forge Pvt. Ltd. [2011 (4) TMI 969 - KARNATAKA HIGH COURT] and the decision of the Larger Bench in the case of JK Tyres & Industries Ltd. Vs. ACCE. It is a fact that the appellant has reversed the credit before utilization of the same and a small portion of the cenvat credit was utilized but the same was reversed along with interest before the issue of show-cause notice and in view of the judgment of this Tribunal in the case of Kumar Organics Product Ltd. Vs. CCE, Bangalore [2014 (12) TMI 273 - CESTAT BANGALORE], the appellant is not liable to pay interest as well as penalty. Therefore, by following the ratio of decisions cited supra, impugned order is not sustainable in law. - Decided in favour of appellant with consequential relief
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