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2016 (11) TMI 512 - AT - Central ExciseInterest and penalty for taking the Cenvat credit wrongly - whether mere wrong availment of CENVAT credit without utilisation of the same would attract interest and penalty? - Held that: - reliance placed on the decision of the case of Commissioner of Central Excise & ST, LTU, Bangalore vs. Bill Forge Pvt. Ltd. [2011 (4) TMI 969 - KARNATAKA HIGH COURT] where it was held that The liability to pay interest would arise only when the duty is not paid on the due date. If duty is not payable, the liability to pay interest would not arise. The reversal of CENVAT credit wrongly availed and reversed before utilisation amounts to non-availment of CENVAT credit and hence interest and penalty not payable under Rule 15(1) of CCR, 2004 - appeal allowed - decided in favor of appellant.
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