TMI Blog2018 (9) TMI 811X X X X Extracts X X X X X X X X Extracts X X X X ..... ess Cenvat credit, taken erroneously, the lower appellate authority should have upheld demands to the extent of short fall between the proportionate excess credits availed and the actual credit balance amount available. To this extent, and for these two periods, the respondent will have to discharge interest liability. Only for this purpose, the matter is remanded to the original authority for reworking of the quantum of interest required to be paid by the respondent - penalties set aside. Appeal allowed in part and part matter on remand. - E/385 & 386/2012 - FINAL ORDER No. 41972-41973/2018 - Dated:- 2-7-2018 - Shri Madhu Mohan Damodhar, Member (Technical) And Shri P. Dinesha, Member (Judicial) Shri K.P. Muralidharan, Ac (AR) fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ld. AR, Shri K.P. Muralidharan, AC takes us to para-6.0 of the impugned order to point out that when the credit that was not eligible was availed by the respondents, even when subsequently reversed, interest liability has to be discharged on the same. The LD. AR further submits that even as per the present respondent s own submissions before the Commissioner (Appeals), they had less credit than the quantum demanded for the months of January and February, 2009. The Ld. AR further contends that for the same reasons, the penalties imposed by the original authority are very much in order and should not have been set aside by the Commissioner (Appeals). 4. On the other hand, for the respondents, the Ld. Advocate Shri Raghavan Ramabhadran mad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f case laws, in particular, CCE Vs. Pals Microsystems Ltd. - 2011 (270) ELT 305 (SC), CCE Vs. Bill Forge Pvt. Ltd. - 2012 (279) ELT 209 (Kar.) and Strategic Engineering Vs. CCE - 2014 (310) ELT 509 (Mad.) in support of his contentions. 5. Heard both sides and have gone through the records. 6.1 The combined take away from the ratios of the judgments of the Hon ble Apex court in Pals Microsystems Ltd. (supra), of the Hon ble High Court of Karnataka in Bill Forge Pvt. Ltd. (supra) and of the Hon ble High Court of Madras in Strategic Engineering (supra), relied upon by the Ld. Advocate, is that in cases where wrong Cenvat credit taken inadvertently, if reversed subsequently, and the balance Cenvat credit on the date of reversal is more ..... X X X X Extracts X X X X X X X X Extracts X X X X
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