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2020 (1) TMI 1057 - AT - Central ExciseDemand of interest and penalty - excess availment of CENVAT Credit - non-utilization of such credit - appellant reversed the credit before issuance of SCN - extended period of limitation - HELD THAT:- Since the excess cenvat credit was available to the appellant in the next financial year and further the appellant had not utilized the excess cenvat credit, the appellant is not liable to pay interest on the excess credit of ₹ 72,100/- - With regard to excess availment of other credit, It is found that the appellant has reversed the credit on being pointed out by the audit much before the issuance of the show-cause notice which was issued on 31/01/2018 - Further, the appellant during the disputed period had sufficient balance in their cenvat credit account and they have not utilized the same. Thus, in view of the decision of the Karnataka High Court in the case of COMMISSIONER OF CENTRAL EXCISE & SERVICE TAX LARGE TAXPAYER UNIT, BANGALORE VERSUS M/S BILL FORGE PVT LTD, BANGALORE [2011 (4) TMI 969 - KARNATAKA HIGH COURT] and Larger Bench decision of this Tribunal in the case of J.K. TYRE & INDUSTRIES LTD. VERSUS ASST. COMMR. OF C. EX., MYSORE [2016 (11) TMI 911 - CESTAT BANGALORE], the appellant is not liable to pay the interest. Demand set aside - appeal allowed - decided in favor of appellant.
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