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2010 (4) TMI 481 - AT - Central ExciseCenvat- Capital Goods - On verification of their records, it was noticed that appellants had wrongly availed Cenvat credit on 4 capital goods which were shifted to M/s. Aditya Engineering, without reversing the appropriate Cenvat credit, amounting to Rs. 1,50,671/-. It was also noticed that appellants had wrongly availed service tax credit of Rs. 5,294/-, on telephone charges and security services, used by M/s. Aditya Engineering. Appellants agreed the same and paid vide Cenvat account entry Nos. 871 & 872 dated 21-3-2007. Accordingly a show cause notice dated 21-8-2007 was issued demanding the same along with interest and penalty. Held that - in several cases Tribunal and Punjab Haryana High Court have decided the issue in favour of assessee. Following the ratio of these decision, imposed order asking for reversal set aside. Further held - Since the amount of wrongly availed Cenvat credit is not utilized, the interest liability fastened is unwarranted and is set aside.
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