TMI Blog2017 (12) TMI 545X X X X Extracts X X X X X X X X Extracts X X X X ..... ble for availing cenvat credit as a precautionary measure - the cenvat credit availed also stands reversed - interest will be chargeable in respect of credits utilised by the appellant before its reversal - penalty set aside - appeal allowed in part. - Ex. Appeal No.51737 of 2016 - A/57438/2017-EX[DB] - Dated:- 23-10-2017 - Mr. (Dr.) Satish Chandra, President And Mr. V. Padmanabhan, Member (Tec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e rate of duty comes to NIL as per the ratio laid down by the Hon ble Supreme Court in the case of CCE, Bhopal Vs. Minwood Rock Fibres Ltd. 2012 (2) TMI 289 (SC). The appellant has reversed the cenvat credit which was availed as a matter of precaution. The department has allowed the same but levied the penalty and interest. Being aggrieved, the present appeal is filed by the appellant. 3. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mposed by taking the view that the credit taken was improper. 5. After going through the record of the case, we are of the view that the dutiability of the goods manufactured by the appellant was in dispute and hence the assessee cannot be held liable for availing cenvat credit as a precautionary measure. We also note that the cenvat credit availed also stands reversed. Under the circumstances, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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