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2014 (11) TMI 657 - CESTAT BANGALORECENVAT Credit - Imposition of interest on unutilized credit - Rule 14 - whether a mere taken of CENVAT credit facilities without actually using it, would carry interest as well as penalty - Held that:- Following decision of Strategic Engineering (P) Ltd. [2014 (11) TMI 89 - MADRAS HIGH COURT] - mere taking itself would not compel the assessee to pay interest as well as penalty - the only aspect that requires verification is whether the appellant had credit of more than the amount taken on capital goods during the relevant period or not. Since this requires factual verification and the details are not available, we consider that this issue also has to be remanded for consideration. - Decided in favour of assessee.
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