TMI Blog2018 (7) TMI 175X X X X Extracts X X X X X X X X Extracts X X X X ..... in CCR - there is case for remanding the matter for de novo consideration to reconsider the net liability of the appellant after calculating the same in terms of Rule 6 (3AA) of the CCR 2014 - appeal allowed by way of remand. - ST/43/2010 - FINAL ORDER No. 40928/2018 - Dated:- 22-3-2018 - Ms. Sulekha Beevi C.S. Member (Judicial) and Shri Madhu Mohan Damodhar, Member (Technical) Shri S. Dur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g to ₹ 71,79,235/- with interest thereon, expunged an amount of ₹ 21,04,200/- being ineligible cenvat credit availed by them but lying unutilized and imposed penalties under Section 76 78 of the Finance Act, 1994. Aggrieved, the appellants are before this forum. 2.1 Today, when the matter came up for hearing, on behalf of the appellant, ld. Counsel Shri S. Durairaj submits that wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pon the case law in the case of CCE Madurai Vs Strategic Engineering (P) Ltd. - 2014 (310) ELT 509 (Mad.); that once penalty imposed under Section 78, no penalty can be imposed under Section 76. 2.3 The Ld. Advocate also prays that the matter may be remanded back to the adjudicating authority for recalculating their liability in terms of Rule 6 (3AA) of the Rules. He submits that once such liab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n ble Madras High Court decision in Strategic Engineering cited by Ld.Advocate (supra) supports his contention in respect of demand of interest and imposition of penalty in respect of the unutilized credit ordered to be expunged. We therefore set aside the demand of interest on the said ineligible credit availed by the appellant and the proportionate penalty imposed on such availment. Taking into ..... X X X X Extracts X X X X X X X X Extracts X X X X
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