2009 (7) TMI 1030

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..... r facts on record, the appellant during the year 2003-2004, availed 100% credit of duty paid on the capital goods received by them, instead of availing 50%. The said excess credit so availed by them was utilised by them and was subsequently reversed on 1-4-05. The dispute in the present appeal as regards demand of interest of Rs. 42,377/-. The said interest stand confirmed by the authorities below .....

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..... B of the Excise Act, would apply. Had the appellant not availed the excess credit, they would not have been in a position to utilise the same and were required to pay the duty in cash. The effect of utilisation of credit is as if the clearance effected during that period have been made without payment of duty, in which case the provisions of Section 11AB would get attracted. As such, I find no jus .....

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