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2017 (2) TMI 1033 - AT - Central ExciseInterest - penalty - the appellant has availed the credit on capital goods which was reversed on pointing out - Held that: - As the appellant has availed the credit wrongly and the same has not been utilized, in that circumstance, relying on the decision of the Bill Forge Ltd. [2011 (4) TMI 969 - KARNATAKA HIGH COURT], where it was held that once the entry was reversed, it is as if that the Cenvat credit was not available, we hold that the appellant is not liable to pay interest. The malafide intention is missing in that circumstance, the penalty is not imposable on the appellant. Interest and penalty set aside - appeal allowed - decided in favor of appellant.
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