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2017 (10) TMI 25 - CESTAT NEW DELHILiability of interest and penalty - Reversal of CENVAT credit wrongly taken on the basis of Debit notes - Held that: - the taking of irregular credit in the cenvat account will be considered as a mere book entry and in absence of proof of its utilization, the interest liability cannot be fastened against the appellant - reliance placed in the case of Commissioner of Central Excise and Service Tax, LTU, Bangalore Vs. Bill Forge Pvt. Ltd. [2011 (4) TMI 969 - KARNATAKA HIGH COURT], where it was held that credit of excise duty in the register maintained for this purpose is only a book entry and before utilization of such credit, if the entry is reversed, the same amounts to not taking of cenvat credit. In absence of non-utilization of wrongly availed cenvat credit, interest and penalty cannot be confirmed - appeal allowed - decided in favor of appellant.
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