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TMI Blog2010 (2) TMI 432X X X X Extracts X X X X X X X X Extracts X X X X ..... in the impugned order whether the credit was only taken or utilized also. Now the appellant have also contented that their credit balance has throughout been more than the amount of credit involved in the case. Therefore the matter requires reconsideration. In these circumstances the impugned order is set and aside and the matter is remanded to the Commissioner to decide afresh. - E/605/2009 - A-56/KOL/2010 - Dated:- 5-2-2010 - Shri S.K. Gaule, Member (T) Shri B.N. Chattopadhyay, Consultant, for the Appellant. Shri J.A. Khan, SDR, for the Respondent. [Order]. - Heard both sides. 2. Appellants have challenged the Commissioner's Order for recovery of interest and imposition of penalty for CENVAT Credit wrongly taken. 3. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... interest is not liable to be recovered from them and penalty is also not liable to be imposed. They relied upon the decision of Hon'ble Punjab Haryana High Court in the case of Commissioner v. Maruti Udyog reported in 2007 (214) E.L.T. 173 (P H) which was also upheld by the Hon'ble Supreme Court by dismissing the Special Leave Petition field by the Commissioner [2007 (214) E.L.T. A50 (S.C.)]. They also placed reliance on Hon'ble High Court of Gujarat's decision in the case of Commr. of Cen. Ex. v. Gupta Steel - 2006 (205) E.L.T. 24 (Guj.) = 2008 (12) S.T.R. 101 (Guj.) wherein it was held that interest is not to be levied on amount of credit directed to be reversed when such credit not availed by assessee but lying unutilized. They also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... but which would not have been allowed to be taken and utilized, if the amendment made by sub-section (1) had been in force at all material times, within a period of thirty days from the day on which the Finance Bill, 2003 receives the assent of the President and in the event of non-payment of such CENVAT credit within this period, in addition to the amount of such CENVAT credit recoverable, interest at the rate of fifteen per cent, per annum shall be payable from the date immediately after the expiry of the said period of thirty days till the date of payment" which goes to show that the intention is to charge interest on taken and utilized. I also find that the Appellant have throughout maintained they have only taken the credit and not uti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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