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TMI Blog2016 (8) TMI 981X X X X Extracts X X X X X X X X Extracts X X X X ..... J. Nagori, Authorised Representative ORDER Heard both sides. 2. The brief facts of the case are that on the basis of specific information, investigations were carried out on visiting the premises of the three units of the appellant, namely Unit 1, Unit 2 & Unit 3 on 08/09.02.2005. The said Units had reversed cenvat credit of Rs. 77,98,512/-, Rs. 22,01,266/- & Rs. 19,29,540/- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and also with a direction for recovery of interest. Even though the appellant has challenged the said order, the ld. Advocate restricted his arguments before us to the observations at Clause (viii) of Para 8 of the impugned order, wherein the adjudicating authority has directed for payment of interest at the appropriate rate on non payment/delayed payment of duty, under Section 11AB of the C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Para 5.3.6 of the Order and submits that after analysing the facts and evidences of the case and in particular the statements of the authorized representatives of the respective Units, who admitted to the violation of Rule 3(5) Cenvat Credit Rules,2004 and voluntarily reversed the credit, the ld. Commissioner has held that clearances of POY without reversal of the credit under Rule 3( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntarily and the same was appropriated in the impugned order then why interest on the same would not be chargeable. In the result, we agree with the ld. A.R. for the Revenue that direction for recovery of interest in the said Para 8(viii) of the impugned order is valid and correct in law. Consequently, the appeal is disposed of by remanding the matter to the adjudicating authority for quantif ..... X X X X Extracts X X X X X X X X Extracts X X X X
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