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2018 (8) TMI 1271 - CESTAT MUMBAIDemand of Interest and penalty - credit wrongly availed and later reversed - Held that:- Instead of submitting the data of utilisation on 11-9-2017 the appellants submitted a letter of balance of credit as on 6th of each month. That does not establish that the appellants had not utilised the Cenvat credit. In these circumstances, the claim of the appellants that they have reversed the credit without utilising the credit is rejected as unsubstantiated - demand of Interest sustained. Imposition of penalty - Rule 15(1) of Cenvat Credit Rules - Held that:- The said Rule prescribes that penalty can be imposed if the appellants took any credit wrongly or in any contravention of any of the rules - In the instant case, it is an admitted position of the appellants that they had wrongly availed the credit. The rule does not require establishing any intention to evade duty - the imposition of penalty is upheld. Appeal dismissed - decided against appellant.
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