2016 (11) TMI 421

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..... phode, Advocate for Respondent ORDER M/s Glenmark Pharmaceuticals Ltd. (GPL in short) are engaged in manufacture of pharmaceuticals products. A show-cause notice was issued to GPL, inter alia, proposing to recover CENVAT Credit amounting to Rs. 1,25,50,399/- for the period 2011-12 along with interest under Rule 6 of the Cenvat Credit Rules, 2004 invoking Section 73 of the Finance Act, 1994. M/s .....

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..... Commissioner held that no interest is payable on such erroneously availed CENVAT Credit as the same was not utilized. Further, after observing that in absence of any specific allegation regarding intention on part of noticee to evade the duty, no penalty can be imposed under Rule 15(2) of the Cenvat Credit Rules read with Section 11AC of the Central Excise Act, 1944. 2.  Aggrieved by this o .....

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..... ght to set aside the order of the Commissioner and remand for the same for reconsidering. 3.  The matter was argued by both the parties at length. However, there was no dispute on the issue that there are no findings in the Order-in-Original regarding confirmation of appropriation of the amount of CENVAT reversal. To that extent, the impugned order is not a speaking order. The Revenue has ci .....

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