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2017 (5) TMI 229 - CESTAT MUMBAIRectification of mistake - reversal of modvat credit - job-work - goods cleared for job-work not received back within 60 days - Held that: - we find that Commissioner has already confirmed the amount which was admittedly reversed therefore there is no relief as regard this particular amount. We therefore maintain the demand of ₹ 1,39,418/- reversed by the respondent. Interest on MODVAT reversed - Revenue claims that interest was not confirmed by the adjudicating authority in the order-in-Original which was chargeable in terms of Rule 57 I(5) of erstwhile Central Excise Rules, 1944 therefore order may be corrected - assessee claims that the said rule is applicable in case of wrong availment of credit by reason of fraud, mis-statement, suppression of facts etc. In the present case no such ingredient is available therefore the interest which is chargeable in terms of Rule 57 I(5) is not applicable in the present case - Held that: - there is no proposal in the SCN for demand of interest. In absence of such proposal in the SCN ground cannot be made by way of Revenue's appeal - Respondent admittedly reversed the Cenvat credit. This is not the case of wrong availment of credit by reason of fraud, misstatement, suppression of facts etc. Therefore interest provision of Rule 57 I(5) is not applicable, hence, no interest is payable on the amount of modvat reversed. ROM application disposed off - decided partly in favor of Revenue.
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