2005 (5) TMI 501

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..... per : C.N.B. Nair, Member (T)]. - Both Revenue and the assessee are in appeal against the same impugned order. Accordingly, they were heard together and are being disposed by this common order. 2.Under the impugned order, the Commissioner (Appeals) held that the assessee could not have utilised the Cenvat credit for payment of interest and that the assessee should have paid the amount of in .....

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..... n that demand which had become final cannot be allowed to be reopened in the recovery proceeding. In this view of the matter, we find ourselves not in a position to interfere with the order inasmuch as it relates to direction to pay interest in cash/from PLA. [19] 4.Revenue s appeal as directed should have been equal to the interest amount. With regard to the penalty, the submission of the learn .....

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