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2018 (2) TMI 1009 - AT - Central ExciseDemand of interest and penalty - wrongful cenvat credit availed and reversed by the appellant - Held that: - it is apparent that the credit utilized in most of the months is in excess of the credit available as closing balance in the previous months. In these circumstances, it cannot be said that the appellant has not utilized the credit wrongly availed - Hon’ble High Court of Bombay in the case of GL&V India Pvt. Ltd. - 2015 (321) ELT 611 (Bom.) has held that interest can be demanded even if cenvat credit wrongly availed has not been utilized. Extended period of limitation - Held that: - the period of limitation would be applicable to demand of interest and demand only within five years from the date of issuance of the same can be upheld. The impugned order is modified to that extent and the penalty and demand of interest is accordingly revised to that which is within five years from the date of issue of SCN. Appeal allowed.
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