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2017 (7) TMI 333 - AT - Central ExciseLevy of interest - wrongful availment of CENVAT credit which was reversed, but interest was not paid - Held that: - it is clear that the recovery of wrongly availed/utilised credit is to be accompanied by recovery of interest and, for such recovery, section 11A and section 11 AB shall be the instruments. Extended period of limitation - Held that: - The proceedings against the appellant were initiated on 12th April 2011 which is clearly beyond the normal period of limitation in connection with the alleged incorrect availment of credit. The period of limitation is liable to be extended only upon a finding of existence of ingredients such as fraud, suppression etc. Invoking of the extended period would, therefore, not be consistent with the findings of the first appellate authority that the wrong availment is nothing but a mistake on the part of the assessee. In these circumstances, the invoking of provisions in section 11A of Central Excise Act, 1944 is not tenable. It is clear from the record that the appellant had reversed the wrongly availed credit immediately upon it being pointed out. Hence, there was no further scope for initiating recovery proceedings in relation to this credit. The charging of interest in the impugned order is not valid and must be set aside - appeal allowed - decided in favor of appellant.
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