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2017 (12) TMI 1182 - AT - Central ExciseRefund of interest - interest paid on wrongly availed CENVAT credit - appellant have claimed the refund of interest pertaining to the period from 17-3-2012 to 30-8-2013 on the ground that during such period interest was chargeable only when the assessee takes the credit and utilize it - Held that: - When the Rule 14 was amended the effect of amended rule has to be given for the period on or after 17-3-2012 according to the amended provision for the period after 17-3-2012 interest is chargeable only when the assessee not only taking credit but also utilized the same - In the facts of the present case, appellant admittedly though taking credit but the same was not utilized till 30-8-2013, therefore for the period from 17-3-2012 onwards as per the amended provision, interest is not chargeable on unutilized cenvat credit - interest paid for the period 17-3-2012 till reversal i.e. 30-8-2013 is refundable to the appellant - appeal allowed - decided in favor of appellant.
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