TMI Blog2015 (10) TMI 1138X X X X Extracts X X X X X X X X Extracts X X X X ..... MI 6 - Supreme Court] and held that if the Cenvat credit availed by the assessee wrongly but same has been reversed before utilization of the same, no interest is payable by the assessee. In these circumstances, relying on the decision of Strategic Engineering P Ltd. (2014 (11) TMI 89 - MADRAS HIGH COURT), I hold that appellant is required to pay interest only on ₹ 48,386/- during the intervening period. - Therefore, if the appellant is not contesting the merits of the case, the penalty is not imposable on the appellant in the light of M/s. Atul Ltd. vs. CCE, Surat [2012 (10) TMI 826 - CESTAT, AHMEDABAD]. Therefore, I hold that penalty on the appellant is not imposable. - Appeal disposed of. - Excise Appeal No. 60405 of 2013-EX(SM) - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has utilized only ₹ 48,386/- and if any interest is payable by them, that is to be payable only on ₹ 48,386/- during the intervening period as per the decision of Hon ble Madras High Court in the case of CCE Madurai vs. Strategic Engineering (P) Ltd. [2014 (310) ELT 509 (Mad)]. He further submits that although the appellant is not contesting the merits of the case but penalty cannot be imposed on the appellant as per the decision of M/s. Atul Ltd. vs. CCE, Surat [2012-TIOL-1384-CESTAT-AHM]. In these circumstances, he prayed that impugned order be set aside and appeal be allowed by directing the appellant to pay interest on ₹ 48,386/- for the intervening period. 4. On the other hand, the contention of the learned counse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee wrongly but same has been reversed before utilization of the same, no interest is payable by the assessee. In these circumstances, relying on the decision of Strategic Engineering P Ltd. (supra), I hold that appellant is required to pay interest only on ₹ 48,386/- during the intervening period. Further, I find that in the impugned order, the observation has been made by the learned Commissioner (Appeals) that the appellant is entitled to take Cenvat credit on input/ input services used in the manufacture of goods in the light of decision of Sterlite Industries Ltd. [2005 (183) ELT 353 (T)] which has been affirmed by the Hon ble High Court of Bombay. Therefore, if the appellant is not contesting the merits of the case, the penalty i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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