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2017 (1) TMI 545 - AT - Central ExciseReversal of CENVAT credit on capital goods wrongly taken - interest liability - Held that: - when the Cenvat credit are availed on the inputs or capital goods, the credits get merged and as such, lose their identity. In such situation, considering the credit balance of inputs and capital goods separately is not legally sustainable. The disputed amount has been put into use at least in some of the months by the appellant which will necessarily result in short payment of duty attracting the interest liability - Original Authority is directed to recalculate the interest liability taking into account the combined balance available with the appellant during the impugned period month-wise - appeal allowed by way of remand.
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