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2018 (7) TMI 1197 - AT - Central ExciseRecovery of Interest - Wrong utilization of credit of AED (GSI) - Section 11AB of the Central Excise Act, 1944 - Held that:- On perusal of Rule 12 of the Cenvat Credit Rules, 2002 and Section 11AB of the Central Excise Act, 1944, it is found that Rule 12 provided for recovery of interest only along with recovery of Cenvat credit taken or utilized wrongly - further, Section 11AB of the Central Excise Act, 1944 is invocable only when Section 11A of the Central Excise Act, 1944 has been invoked. In the present case, the learned Original Authority has held that the credit was properly taken and correctly utilized and therefore, there was no confirmation of demand of duty either under Rule 12 of Cenvat Credit Rules, 2002 nor under Section 11A of the Central Excise Act, 1944 - in the absence of any confirmation of demand under Section 11A of the Central Excise Act, 1944 or under Rule 12 of the Cenvat Credit Rules the interest demanded does not sustain - appeal allowed - decided in favor of appellant.
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