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2020 (2) TMI 395 - AT - Central ExciseDemand of Interest - CENVAT Credit “taken and utilised wrongly” instead of “taken or utilised wrongly” - HELD THAT:- It is true that the order of the Tribunal in the first round of litigation was not challenged by the appellant. This order had set aside the penalties and confirmed the demand partly to the extent of ineligible CENVAT credit on MS items used for shed amounting to ₹ 14,06,621/- along with interest. The order does not specify the manner in which the interest should be calculated or the period for which interest should be levied - There is no indication that the interest should be calculated up to 31st January 2013. There is also no indication in the order that the interest should be calculated only up to 16th March 2012. A plain reading of this order, therefore, shows that it was left to the lower authority to calculate interest as applicable under the Law. The interest must be calculated as per law i.e. up to 16th March 2012 only in respect of CENVAT credit which has been taken but not utilised and thereafter only if CENVAT credit has been taken and also utilised - in respect of CENVAT credit which has been taken but not utilised and it should be calculated beyond this period only in respect of CENVAT credit which has been taken and also utilised. The appeal is remanded to the original authority for the limited purpose of this computation.
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