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2017 (2) TMI 1136 - AT - Central ExciseReversal of CENVAT credit - Rule 3(5) of the CCR, 2004 - clearance of inputs as such - interest - penalty - Held that: - on realisation that the appellant has wrongly availed the credit of SAD has reversed the same. Later on, the SCN was issued. In that circumstances, mala-fide intention of the appellants are missing, therefore, no penalty is imposable on the appellant. Interest - Held that: - The fact that whether the appellant was having sufficient balance in their cenvat credit account or not is to be verified by the adjudicating authority, therefore, the matter is remanded back to the adjudicating authority to verify the fact that during the impugned period the appellant was maintaining sufficient balance in their cenvat credit account. If there was sufficient balance in their cenvat credit account, the demand of interest is not sustainable. Appeal allowed by way of remand.
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