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2017 (4) TMI 217 - AT - Central ExciseLevy of interest - Whether interest on the amount of CENVAT credit availed but not utilized is recoverable or otherwise? - Rule 14 of the CCR, 2004 - Held that: - I do not find merit in the contentions raised in the respective appeals that mere availment of CENVAT credit without its utilisation of the same will not attract interest at appropriate rate under Rule 14 of Cenvat Credit Rules, 2004 as was in force during the relevant time. However, as far as recovery of interest is concerned for invoking extended period of limitation, the principle laid down in this regard including the judgment of Hon’ble High Court in the case of Hindustan Insecticides Ltd. vs. C.C.E., LTU [2013 (8) TMI 225 - DELHI HIGH COURT] will be applicable, where it was held that Payment of interest is to be made under Section 11A and, therefore, the period of limitation prescribed therein would equally apply as has been held by the Delhi High Court in the case of Kwality Ice Cream Company [2012 (1) TMI 88 - Delhi High Court] and Gujarat High Court in Gujarat Narmada Fertilizers Company Limited [2012 (4) TMI 309 - GUJARAT HIGH COURT] - appeals are remanded to the adjudicating authority for the limited purpose of verification of the fact whether extended period of limitation for recovery of interest is applicable or otherwise - appeal allowed by way of remand.
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