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2013 (2) TMI 313

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..... credit at all is not acceptable at this stage as they have not challenged the confirmation of demand of credit involved before proper forum by way of appeal. Following the decision in case of SKF India Ltd. (2009 (7) TMI 6 - SUPREME COURT) that for delayed payment interest is payable. As the provisions of Section 11AB for payment of interest came on 11.5.2001, therefore on delayed reversal of cred .....

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..... efore, demand of interest was made by way of Show Cause Notice and the same was confirmed by the adjudicating authority. On appeal before the Commissioner (Appeals), the demand of interest was set aside based on the larger Bench decision of the Tribunal in the case of CCE, Delhi.III Vs. Machino Montell (I) Ltd reported in 2004 (62) RLT 709 (CESTAT-LB). Aggrieved from the said order, Revenue filed .....

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..... the lower Appellate Authority. Therefore, he prays that the lower Appellate Authority has rightly set aside the demand of interest and the appeal filed by the Revenue be set aside. 4. Heard both sides and considered their submissions. 5. The contention of the ld. Counsel for the respondent is that they are not required to reverse the Cenvat credit at all is not acceptable at this stage as the .....

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