TMI Blog2009 (8) TMI 481X X X X Extracts X X X X X X X X Extracts X X X X ..... rity confirmed the demand of entire amount of duty alongwith interest and also imposed penalty of Rs.1 lakh. Commissioner (Appeals) upheld the adjudication order. Held that- demand of duty is upheld which has already been reversed by the appellants in their Cenvat account as submitted by the learned Advocate. After considering the facts and circumstances of the case penalty is reduced to Rs.10,000/-. Regarding demand of interest, it is directed to the Original authority to verify as to whether credit was utilized and, if the appellants have not utilized the credit during the material period, no interest will be demanded. - E/2551/2007-SM(BR) - 1156/2009-SM(BR)(PB), - Dated:- 4-8-2009 - Shri P.K. Das, Member (J) Shri Bipin Garg, Adv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r, they took suo motu credit on 25-2-2005. He submits that by letter dated 1-3-2005 the jurisdictional Central Excise officers directed them to file refund claim under Section 11B of Central Excise Act, 1944. He submits that they have also filed refund claim, against which separate proceedings were initiated. In this connection, the learned Advocate drew attention of the Bench to the letter dated 7-9-2005. It is submitted that the appellants reversed the entire credit in terms of stay order of the Tribunal. He also submits that the appellants had not utilized the credit as revealed from their letter dated 7-9-2005. It is contended that the said amount is still lying in their Cenvat account. He relied upon the decision of the Hon'ble High Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... available that the appellants had not utilized the credit during the relevant period. 4. After hearing both sides and on perusal of the records, I find that the learned Advocate fairly submits that they have already reversed the credit in terms of the stay order. He also submits that they have filed refund claim of the said amount, against which separate proceedings were initiated. Therefore, the demand of duty is sustainable and the appellants also reversed the said amount from their Cenvat account. 5. Regarding imposition of penalty and interest, it is seen that the Hon'ble Punjab Haryana High Court in the case of Maruti Udyog Ltd. (supra) held that credit which was not admissible taken, but not utilized, interest on demand of Cenv ..... X X X X Extracts X X X X X X X X Extracts X X X X
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