2009 (5) TMI 846

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..... ate submits that they have filed this appeal against payment of interest and imposition of penalty of Rs. 10,000/-. He submits that they have taken credit of Rs. 14,030/- on the basis of photocopy of the invoices by mistake. Subsequently, they have reversed the credit. Show cause notice was issued proposing to appropriate the amount as deposited by them and to impose penalty and interest. The Orig .....

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..... t taken, but not utilised, is not liable to pay the interest. 3. In the present case, I find that the appellants categorically stated before the Original Authority that they have not utilised the credit, which was not refuted in the impugned order. It is noted that they have taken credit wrongly and debited voluntarily and, therefore, imposition of penalty is justified. In view of that, interest .....

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