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2018 (2) TMI 903 - AT - Central ExciseInterest on CENVAT credit wrongly availed - Held that: - the appellant has on two occasions wrongly availed cenvat credit but reversed suo motu and on two occasions the appellant has reversed the credit after the same was pointed out by audit - Hon’ble High Court of Bombay in the case of GL&V India Pvt. Ltd. [2015 (5) TMI 375 - BOMBAY HIGH COURT] has held that the interest on cenvat credit wrongly availed is leviable irrespective of the fact that the said credit was utilized or not - demand upheld. Penalty under Section 11AC - Held that: - the ingredients for imposing penalty under Section 11AC are not brought out by the proceedings and the lower authority - on two occasions, the credit was suo motu reversed by the appellant and on other two occasions, credit was reversed as soon as the same was pointed out by the audit - mala fides cannot be attributed - penalty set aside. Appeal allowed in part.
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