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2018 (3) TMI 451 - AT - Central ExciseCENVAT credit - carry forward of credit - Rule 57 F (17) (b) of CER - Held that: - the credit was not carried forward by the Appellant by complying with Rule 57 F (17) (b) in year 1997. They did not challenge the lapse of such credit thereby accepting the compliance with the said Rule. It is only after 9 years that they availed credit suo moto which is bad in law. When the lapse of the credit was not challenged by them and they accepted the lapse of credit in that case they could not have taken suo moto credit. Therefore they are not entitled for the credit. Interest on unutilized credit - Held that: - the Appellant has utilized the portion of credit which was availed in the year 2006. During the said period the Rule 14 provided for payment of interest in case where the credit was taken or utilized wrongly - appellant liable to pay interest. Appeal dismissed - decided against appellant.
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