9911796707
TMI Blog2017 (7) TMI 1031X X X X Extracts X X X X X X X X Extracts X X X X ..... dent Per: SS GARG The present appeal has been filed by the Department against the impugned order dated 13.11.2014 passed by the Commissioner whereby the Commissioner (Appeals) has set aside the Order-in-Original dated 31.03.2014 passed by the Joint Commissioner. Briefly the facts of the present case are that the respondents are manufacturers of paper and paper board falling under Chapter 48 of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... One Lakh Thirty Three Thousand Five Hundred and Ten only) with interest under Rule 14 of the Cenvat Credit Rules and also proposed penalty, The adjudicating authority vide Order-in-Original demanded the interest of Rs. 1,33,510/- (Rupees One Lakh Thirty Three Thousand Five Hundred and Ten only) and also imposed equal penalty under the provisions of Rule 15(2) of the Cenvat Credit Rules 2004. Aggr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... payable from the date of availment of cenvat credit irregularly. 4. On the other hand the learned counsel for the assessee submitted that irregular cenvat credit was reversed immediately on being pointed out. The said credit however was not utilized which is a fact not disputed by the Department. She further submitted that once the credit availed is not utilized, no interest is payable which is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... galore reported in 2017 (47) S.T.R. 106 (Tri. -Bang.). 5. After considering the submissions of both the parties and perusal of the material, I am of the view that issue involved in the present case is no more res integra and has been settled in favour of the assessee by the decision of the Hon'ble Karnataka High Court in the case of Bill Forge Pvt. Ltd. and the Larger Bench decision of the Tr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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