TMI Blog2019 (7) TMI 502X X X X Extracts X X X X X X X X Extracts X X X X ..... and of Interest - HELD THAT:- In view of the amended Rule 14, it is held that the appellant is liable for interest only to the extent they have utilized the cenvat credit - Accordingly, the appellant is directed to file the calculation and or evidence before the Adjudicating Authority within a period of 45 days from the date of receipt of this order and the same shall be verified by the Adjudicating Authority. If any interest is found to be payable, the same shall be paid by the appellant within 30 days of such intimation by the Adjudicating Authority. Appeal allowed by way of remand. - Service Tax Appeal No.50096 of 2016 - SM - Final Order No.50849/2019 - Dated:- 28-6-2019 - Mr. Anil Choudhary, Member (Judicial) Shri H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed that the appeal is liable to be rejected and accordingly upheld the order-in-original. 4. Being aggrieved, the appellant is before this Tribunal. 5. Ld. Counsel for the appellant states that in view of the findings recorded by the ld. Commissioner (Appeals) in para-5 of the impugned order, the conclusion recorded in para-8 is erroneous, and in conflict with the findings recorded. Secondly, he states that the appellant had claimed at the time of adjudication, that they have reversed the said amount of ₹ 15,27,035/- vide journal slip no.J-327 dated 31.10.10. However, during the adjudication, the Range Officer had reported that no such reversal is there. Accordingly, the demand was confirmed along with penalty. How ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce. In this view of the matter, the penalty imposed under Rule 15(2) of Cenvat Credit Rules read with Section 11 AC is set aside. So far as the interest is concerned, in view of the amended Rule 14, it is held that the appellant is liable for interest only to the extent they have utilized the cenvat credit. Accordingly, the appellant is directed to file the calculation and or evidence before the Adjudicating Authority within a period of 45 days from the date of receipt of this order and the same shall be verified by the Adjudicating Authority. If any interest is found to be payable, the same shall be paid by the appellant within 30 days of such intimation by the Adjudicating Authority. Thus, the appeal is allowed with consequential benefit. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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