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2019 (8) TMI 868 - AT - Central ExciseDemand of Interest and penalty - CENVAT Credit - common input services used for trading and manufacturing activities of the company - Rule 6(3(A)) of CCR, 2004 - HELD THAT:- The appellant has reversed the CENVAT credit wrongly availed much before the issuance of the show-cause notice and the same has also been appropriated in the original order. Further, the appellant has also produced on record, the CENVAT credit account which shows the credit of around ₹ 1 crore during the disputed period which clearly shows that the appellant has only availed the credit and has not utilized the same and therefore in view of the decision of Hon’ble Karnataka High Court in the case of COMMISSIONER OF CENTRAL EXCISE & SERVICE TAX LARGE TAXPAYER UNIT, BANGALORE VERSUS M/S BILL FORGE PVT LTD, BANGALORE [2011 (4) TMI 969 - KARNATAKA HIGH COURT], they are not liable to pay the interest. For the purpose of verification of the excess credit reversed by the appellant, the original authority is directed to verify from the records regarding the allegation of the appellant regarding the excess reversal of CENVAT credit - appeal allowed by way of remand.
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