2013 (8) TMI 28

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..... posit of an amount of interest demanded and confirmed by the adjudicating authority along with penalty. 2. Heard both sides and perused the records. 3. The issue involved in this case is confirmation of demand of interest on the appellant on the ground that the appellant had availed cenvat credit and reversed the same on their own as ineligible but had not discharged the interest liability as pe .....

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..... ed by the appellant to the jurisdictional superintendent of Central Excise. As regards the interest liability, it is her submission that the judgment of the Hon'ble High Court of Gujarat in the case of Dynaflex Pvt. Ltd. 2012 (25) STR 277 (Guj.), has specifically held that if the credit is taken but not utilised, interest liability does not arise. It is also her submission that this Bench has been .....

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..... On the question of limitation, I find that the show cause notice has been issued on 28.07.11 demanding interest from the appellant for the cenvat credit reversed by them during the period 2006-07 and 2009-10. On perusal of the show cause notice, I find that the show cause notice does not invoke any suppression or mis-statement on the part of the appellant and hence as per the decision of the Trib .....

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