TMI Blog2010 (1) TMI 1018X X X X Extracts X X X X X X X X Extracts X X X X ..... - demand of interest is unjustified - appeal dismissed - decided against Revenue. - E/347/2007 - 298/2010 - Dated:- 12-1-2010 - Shri M.V. Ravindran and P. Karthikeyan, JJ. Shri M. Ravi Rajendran, DR, for the Appellant. None, for the Respondent. ORDER This appeal is directed against the Order-in-Appeal No. 151/2007-C.E., dated 23-3-2007. 2. The relevant facts that arise for cons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d Commissioner (Appeals) after considering the submissions made by the assessee before him and the grounds of appeal made by the Revenue, came to the conclusion that the Order-in-Original is correct and does not require any interference by recording the following findings : The department has disputed the waiver of interest on Cenvat Credit wrongly availed. The adjudicator had not demanded inte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rect availment of cenvat credit on capital goods, i.e., 100% availment instead of 50% as contemplated in Rule 4(2)(a) of Cenvat Credit Rules, 2004. (ii) The excess availment of Cenvat credit to the extent of Rs. 1,91,823/- + 3,835/- (Ed. Cess) totaling Rs. 1,95,658/- was reversed by the assessee only after pointing out of the irregularity by the Range Officer, on 29-12-2005 while credit was av ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the credit wrongly or utilizing the credit wrongly will attract interest in terms of Rule 14 of Cenvat Credit Rules, 2004. The Adjudicating Authority/Appellate Authority has mis interpreted the provisions of Rule 14 of Cenvat Credit Rules, 2004, while passing the Order-in-Original in so far as charging of interest is concerned. 5. We have considered the submissions made by the learned DR an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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