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2009 (9) TMI 350 - AT - Central ExciseInterest and Penalty- Cenvat credit- The appellant has taken cenvat credit on capital goods received for installation of their plant and machinery. In the present case, the appellants have apparently taken the credit which was not admissible to them. Held that-We have carefully considered the submissions made from both sides. In the present case, the appellants have apparently taken the credit which was not admissible to them. There is no dispute about reversal of the credit. It was submitted on behalf of the appellant that the credit wrongly taken has been reversed on being pointed out by the Department. The credit was not utilized as they were yet to commence production. Further, there is a clear finding by the Commissioner that the credit taken by the appellant has not been utilized, and the same has been reversed immediately on being pointed out by the Department. Under these circumstances, the question of applying provisions of Section 11A for demand of duty, short levy or non levy does not arise. Consequently, the question of recovery of interest for such short levy or non levy demand does not arise. Allow the appeal with consequential relief. The stay petition is also disposed of.
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