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TMI Blog2019 (2) TMI 1232X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs. 13,59,267/- on the imported goods in contravention to Rule 3 (i) of CCR, 2004 during February 2008. On being pointed out, though the appellant reversed the said amount of Cenvat Credit, however, the interest amounting to Rs. 1,74,284/- was not deposited, which still was a contravention not only of CCR, 2004, but also of Section 11 AB of Central Excise Act, 1944. Resultantly, show cause notice No. 489 dated 27.04.2012 was served proposing the recovery of the aforesaid amount of Cenvat Credit alleging the same to have been wrongly availed alongwith the aforesaid amount of interest and the proportionate penalty. The said proposal was initially confirmed vide order No.18633 dated 30th March, 2017. Being aggrieved, an appeal was preferred. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tance of the audit and as such the same was not a voluntary disclosure on the part of the appellant. Hence, he is liable to pay the interest and the same cannot be held to be a bonafide act on part of the appellant, due to which the Department was entitled to invoke the extended period of limitation. It is impressed upon that in view of the said observations, there remains no infirmity in the order under challenge. Appeal is accordingly, prayed to be dismissed. 5. After hearing both the parties and perusing the record, I observe that no doubt the appellant initially availed wrong cenvat credit for Rs. 13,56,950/. However, the same was reversed by the appellant on 15th February, 2009 as is also apparent from the extract of form RG 23 A part ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... CCE, Mumbai reported in 2018 (12) GSTL 305 has recorded. "Interest - Cenvat credit wrongly taken - As per Rule 14 of Cenvat Credit Rules, 2004 interest chargeable only when Cenvat credit taken as well as utilized - Merely by taking credit and without utilization interest under impugned Rule 14 ibid not payable - Credit availed not utilized, hence interest not chargeable - Demand set aside - Rule 14 of Cenvat Credit Rules, 2004. " 6. Even Hon'ble Apex Court has way-back held in the case of Commissioner, Excise, Mumbai vs. Bombay Dyeing and Manufacturing Co. Ltd. Reported in 2007 (215) ELT 3 (SC) that where the entry has been reversed before utilization thereof, it amounts to not taking of the credit. Hence, the question of payment of int ..... X X X X Extracts X X X X X X X X Extracts X X X X
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