2018 (2) TMI 70

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..... ;       The brief facts are that the appellant is a manufacturer of motor vehicle parts and are registered with the Central Excise Department. They have two more plants situated at Tambaram and Kancheepuram. On verification of accounts of Plant - I, for the period April 2011 to March 2014, it was noticed that the appellant/Plant - I had taken incorrect CENVAT credit o .....

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..... evi submitted that the appellant had reversed the credit of Rs. 31,17,697/- immediately on being pointed out by the department and before utilization of the same. She submitted that the said issue whether appellant is liable to pay interest on the irregularly availed credit, which was reversed before utilization, is settled by the decision of the Hon'ble High court of Madras in the case of Commiss .....

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..... tled by the decisions in the cases relied upon by the ld. counsel for the appellant. The Hon'ble High Court of Madras in the case of Strategic Engineering (P) Ltd. (supra), has categorically held that even prior to the amendment, the assessee cannot be liable to pay interest or penalties. 6. Following the same, I am of the view that the demand of interest and penalties imposed is unjustified. The .....

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