2015 (12) TMI 879

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..... GEMENT Per: B S V Murthy: Cenvat credit of Rs. 33,15,661/- for the period February 2009 to March 2009 held to be availed irregularly and has been demanded with interest and penalty has also been imposed. The appellants are not challenging the stand taken by the Revenue that the credit is not admissible. The claim of the appellant is that interest is not payable and penalty is not imposable in vi .....

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..... im of the appellant that credit has not been utilized. 5. I have considered the submissions made by both the sides. As regards the submission of learned A.R., I find that the appellant has placed the Cenvat Credit Register during the relevant period before me and it was clear that when credit was taken from February 2008 up to July 2009, balance has not come down below the figure of Rs. 33,15,661 .....

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..... fitting answer to all doubts existed earlier. Since, the subsequent amendment has cleared all doubts existed earlier in respect of Rule 14 of the said Rules, it is needless to say that the argument advanced by the learned counsel appearing for the appellant/department is erroneous, whereas the argument advanced on the side of the respondent is really having merit and the substantial question of la .....

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