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2018 (6) TMI 1067 - AT - Central ExciseDemand of Interest and penalty - irregular availment of CENVAT credit, but was not utilised - case of the department is that the wrong availed credit was not utilised till the date of reversal - Held that:- Even though Cenvat credit was not utilized but fact remains that credit was availed fraudulently without receipt of the material as admitted by the Director of the company - it is seen that appellant have knowingly availed the credit only on the invoice without receipt of the goods therefore no case was made out for waiver of penalty - penalty upheld. Demand of Interest - Held that:- In the facts of the present case though the appellant had taken wrong credit but same was not utilised therefore as per the amended Rule 14 interest is not chargeable - demand of interest set aside. Personal penalty on Shri. Ravindra Chimanlal Agarwal - Held that:- Shri. Ravindra Chimanlal Agarwal admitted that they have wrongly availed the credit only on the invoice for which they have paid the some charges to the invoice issuing person. In this fact Shri. Ravindra Chimanlal Agarwal does not deserve leniency hence penalty imposed upon him is sustained - penalty upheld. Appeal allowed in part.
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