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2017 (3) TMI 925

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..... favour of the appellant for the period prior to the date of amendment of rule 14. It has been held consistently that there will be no liability to pay interest in these cases where Cenvat Credit was taken erroneously but reversed without utilization - appeal allowed - decided in favor of appellant. - E/2008/2012-EX(SM) - FINAL ORDER NO. 51867/2017-EX(SM) - Dated:- 23-1-2017 - Shri V. Padmanabha .....

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..... rmined for the period from the dates on which erroneously Cenvat Credit was taken till dates of reversal of the same. Aggrieved by this impugned order the present appeal has been filed. 3. With the above background, I have heard Shri D.K. Tyagi, Advocate for the Appellants and Shri S. Nunthuk, DR for the Respondent. 4. The Counsel for the appellant submitted that there is no justification fo .....

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..... ndisputed that the wrongly availed Cenvat Credit was not utilized by the appellant for discharge of excise duty liability until the date of reversal. 8. I find that the issue has been settled in favour of the appellant for the period prior to the date of amendment of rule 14. It has been held consistently that there will be no liability to pay interest in these cases where Cenvat Credit was tak .....

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..... arl Insulation Ltd.: 2012 (281) E.L.T. 192 (Kar.) (ii) CCE vs. Gokaldas Images (P) Ltd.: 2012 (28) S.T.R. 214 (Kar.) (iii) CCE vs. Strategic Engineering (P) Ltd.: 2012 (310) E.L.T. 509 (Mad.). Above decisions give support to the conclusion that provisions of Rule 14 of CENVAT Credit Rules, 2004 for recovery of interest on the subject CENVAT credit amount will not be attracted. Co .....

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