TMI Blog2011 (9) TMI 321X X X X Extracts X X X X X X X X Extracts X X X X ..... of credit cannot attract provisions of Rule 15(2) - Such a case, however, come under the provisions of Rule 15(1) which deals with wrong utilization of the credit in other cases i.e. in cases other than those involving suppression, fraud etc - The learned counsel for the appellant-assessee confirms that the interest amount has already been paid on 11.9.2009. Hence the penalty imposed on the appel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ey were not permitted to utilize credit subsequently earned during the period from 1.10.2008 to 5.10.2008 for paying duty in respect of clearances for the previous month. The appellant-assessee was found to have utilized credit of Rs.71,965/- which has accrued to them during the first 5 days of October 2008 and as such, such utilization for paying duty for the previous month was not permitted unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y but utilizing some credit amounts which accrues in the month of October and which could not have been used for paying duty in respect of clearances made during the previous month of September 2008. 5. Secondly, for such a wrong utilization of credit the penalty provisions under Rule 15(2) of the CENVAT Credit Rules, 2004 cannot be invoked unless a case of suppression, fraud etc. is establish ..... X X X X Extracts X X X X X X X X Extracts X X X X
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