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2017 (10) TMI 120 - AT - Central ExciseLiability of interest - reversal of CENVAT credit which has been taken by them which is not admissible to them - case of appellant is that they were maintaining sufficient balance in their Cenvat credit account and is not required to pay interest - Held that: - If the appellant is maintaining sufficient balance in their Cenvat credit account, in that circumstances, the appellant is not liable to pay interest in the light of the decision of Hon’ble High Court of Karnataka in the case of CCE vs. Bill Forge Pvt. Ltd. [2011 (4) TMI 969 - KARNATAKA HIGH COURT] for the intervening period. SCN issued by invoking extended period of limitation - Held that: - the show cause notice has been issued by invoking extended period of limitation and the Hon’ble High Court of Punjab & Haryana in the case of Jai Bharat Maruti Ltd. [2013 (10) TMI 355 - PUNJAB & HARYANA HIGH COURT] has held that to demand interest on differential duty, the show cause notices required to be issued within the period of limitation, i.e. one year - SCN not sustainable as is time barred. Appeal allowed - decided in favor of appellant.
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