2010 (2) TMI 565 - AT - Central Excise

Show cause notice not issued proposing interest - original authority had confirmed the demand of irregularly availed cenvat credit along with interest for delay in reversing the same after due process - There is no legal requirement that the Commissioner (Appeals) also should issue notice - No violation of principles of natural justice is also involved - Appeal is dismissed.

Summary

The appeal by M/s. Vimal Enterprises regarding irregular availment of Cenvat Credit was dismissed by the Appellate Tribunal CESTAT, Bangalore. The Commissioner (Appeals) waived the penalty but sustained the demand of interest for delay in reversing the credit. The Tribunal found the demand of interest to be in accordance with the law and dismissed the appeal as there was no violation of natural justice principles.