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2009 (6) TMI 314 - CESTAT, KOLKATAApplication for rectification of mistake in regard to confirmation of the interest amount - common inputs used in dutiable and exempted goods – demand of 8% and interest confirmed – interest on amount of 8% paid belatedly - Appellants states that by mistake, it was not argued on behalf of the Appellants at the time of hearing of the case leading to passing of the impugned Order that the Appellants had sufficient credit balance in their account and therefore, they had not utilized the credit and that in such a case no interest was payable - I find that the it is a fact that the Appellants had sufficient credit balance in their CENVAT Credit records at all points of time by taking the balance in the RG-23A and RG-23C Accounts altogether besides, I find that Rule 6 of the CENVAT Credit Rules clarified that the amount of 8% required to be paid by debit in Cenvat credit - I am of the view that no interest is payable in the present case. Accordingly, the impugned Order of the Tribunal is modified – application is allowed
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