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2019 (4) TMI 892 - AT - Central ExciseImposition of Interest and penalty - non-utilization of wrongly availed CENVAT credit - balance in the CENVAT register or not - appellant was registered both under Central Excise and Service Tax - Held that:- The appellants have reversed the wrongly availed CENVAT credit on being pointed out by the audit before the issuance of show-cause notice. Further, the appellant has filed the ER-1 returns along with the reply to the show-cause notice wherein they have shown sufficient balance in their register till the date of reversal but the same was not considered by both the authorities below and they have only considered ST-3 returns and recorded the finding that the assessee did not have sufficient balance in their CENVAT register. The issue decided in the case of CCE vs. Bill Forge Ltd. [2011 (4) TMI 969 - KARNATAKA HIGH COURT]. Appeal allowed - decided in favor of appellant.
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