2013 (1) TMI 493

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..... efunded when the matter has attained finality. At the same time credit itself does not become inadmissible just because the appellant has reversed the credit. Therefore penalty is set-aside. Assessee even though presented very detailed argument as to why the interest is not payable when the credit itself was not utilized, it was proposed that instead of going into discussion of several cases a .....

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..... interest and proposing penalty. The Adjudicating Authority confirmed the denial of wrongly availed credit and appropriated the amount paid by the assessee. However, proposal for demand of interest and imposition of penalty was dropped by the Original Adjudicating Authority. 2. The department filed an appeal before the Commissioner (A) who in the impugned order has confirmed the demand for int .....

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..... y them cannot be refunded when the matter has attained finality. At the same time credit itself does not become inadmissible just because the appellant has reversed the credit. Therefore penalty is set-aside. The ld. AR even though presented very detailed argument as to why the interest is not payable when the credit itself was not utilized, it was proposed that instead of going into discussion of .....

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