TMI Blog2017 (2) TMI 1136X X X X Extracts X X X X X X X X Extracts X X X X ..... llants are missing, therefore, no penalty is imposable on the appellant. Interest - Held that: - The fact that whether the appellant was having sufficient balance in their cenvat credit account or not is to be verified by the adjudicating authority, therefore, the matter is remanded back to the adjudicating authority to verify the fact that during the impugned period the appellant was maintaini ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to reverse cenvat credit availed on the said goods in terms of Rule 3(5) of the Cenvat Credit Rules, 2004. But inadvertently, the appellant did not reverse cenvat credit pertaining to additional duty of customs (SAD). As soon as, the appellant noticed their mistake, the appellant reversed the cenvat credit on 30.04.2008. Thereafter, a show cause notice was issued to the appellant, demanding inter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the light of the decision of this Tribunal in the case of L.G. Electronics pvt. Ltd. reported in 2010 (255) ELT 135 (Tri. Mum.) , if the cenvat credit has been reversed before issuance of the show cause notice, the provisions of Rule 14 are not invokable and admittedly in this case, the provisions of Rule, 14 of the CCR, 2004 has not been invoked, therefore, interest cannot be demanded. Conseq ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on the appellant. It is contended by the Ld. Counsel for the appellant that they were having sufficient balance in their cenvat credit, therefore, in the light of decision of Bill Forge pvt. Ltd. (Supra) , interest is not payable. The fact that whether the appellant was having sufficient balance in their cenvat credit account or not is to be verified the adjudicating authority, therefore, the m ..... X X X X Extracts X X X X X X X X Extracts X X X X
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