2014 (3) TMI 744

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..... ER In the impugned order, cenvat credit of Rs. 3,71,444/- taken by the appellants and reversed subsequently has been appropriated and interest amount of Rs. 26,464/- has been demanded. Further penalty equal to cenvat credit has also been imposed. 2. Ld. Advocate on behalf of the appellants submitted that in this case the credit was taken in the head office wrongly which on the advice of the .....

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..... facie case in their favour since before the decision of the Hon'ble Supreme Court having the view that interest is payable from the date of availment of cenvat credit and even it was not utilized interest is not payable was not available. The decision of the Hon'ble Supreme Court was delivered only on 21-2-2011 in the case of UOI v. Ind-Swift Laboratories Ltd. [2011-TIOL-21-SC-CX = 2011 (265) E.L .....

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