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2017 (12) TMI 756 - AT - Central ExciseDemand of interest and penalty - reversal of CENVAT credit - Held that: - the appellants have not utilised the cenvat credit availed and they had sufficient credit balance in their CENVAT credit account during the relevant period. The appellant has also produced copies of CENVAT Credit account which shows that sufficient credit was available during the relevant period and further that they have had availed the credit but not utilised the same - reliance placed in the case of COMMISSIONER OF CENTRAL EXCISE & SERVICE TAX LARGE TAXPAYER UNIT, BANGALORE Versus M/s BILL FORGE PVT LTD, BANGALORE [2011 (4) TMI 969 - KARNATAKA HIGH COURT], where it was held that Without the liability to pay duty, the liability to pay interest would not arise - appellant not liable to pay interest - appeal allowed - decided in favor of appellant.
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