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2018 (12) TMI 717 - CESTAT NEW DELHIDemand of Interest and penalty - reversal of irregularly availed and utilized cenvat credit of education cess and secondary and higher education cess - Held that:- The proposal of recovery of wrongly availed cenvat credit has no more significance as apparently and admittedly the credit has already been reversed. Demand of Interest - Held that:- Interest set aside by the Commissioner Appeals himself. Nothing has been brought that Department has filed an Appeal challenging the same. Penalty - Held that:- It is the apparent and admitted case that the wrongly availed cenvat credit on education cess was not utilized till the time Department conducted audit in the appellant’s premises. Admittedly, the said entire credit has been reversed even prior the issuance of impugned Show Cause Notice. It is also the apparent fact that the duty otherwise has been regularly paid by the appellant. These admissions makes it abundantly clear that there is no case of alleged intent to evade duty - The finding of the Commissioner that the Rules are clear and unambiguous is too insufficient to invoke the grave provision of imposing penalty - penalty set aside. Appeal allowed - decided in favor of appellant.
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