2015 (10) TMI 1256

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..... king of such credit is not permissible. In the case of Bombay Dyeing(supra) , it was the observation of the Supreme Court that unless the credit is utilised there shall be no payment of interest. But such proposition of law was not cited before apex court while deciding the case of Indswift . For no utilisation of Cenvat credit, there shall not be payment of interest. Therefore, learned Adjudicati .....

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..... D N Panda Learned counsel fairly submits that Additional Duty of Customs was taken as Cenvat credit without that being permissible. However, when the appellant was legally advised that interest is payable in respect of erroneous utilisation of Cenvat credit in so far as utilisation of ₹ 9,14,269/- is concerned, interest was paid, reversing the Cenvat credit along with the other credit am .....

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..... sition of assessee. 4. Heard both sides and perused the records. 5. Para 4 of the show-cause notice makes allegation that there was utilisation of Cenvat credit of ₹ 9,14,269/- of Additional Duty of Customs taken. But taking of such credit is not permissible. In the case of Bombay Dyeing(supra) , it was the observation of the Supreme Court that unless the credit is utilised there shall .....

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