9911796707
TMI Blog2016 (11) TMI 931X X X X Extracts X X X X X X X X Extracts X X X X ..... ,57,169/- is eligible for the reason that it is availed on ventilation systems. On this point, the matter has to be remanded to the adjudicating authority. However, the main issue whether appellant is liable to pay interest on the credit wrongly availed but reversed prior to utilization, is settled by the judgments relied upon by the appellants in the case of CCE Vs. Bill Forge pvt. Ltd. [2011 (4) TMI 969 - KARNATAKA HIGH COURT]. In view thereof, I hold that the appellants are not liable to pay interest as well as the penalty which is confirmed in the impugned order. Therefore I set aside the impugned order to the extent of demand of interest and imposition of penalty The appeal is partly allowed as above and partly remanded for the limi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the original authority did not order appropriation of the credit wrongly availed and reversed by the appellants. Being aggrieved by the demand of interest and imposition of penalty, appellants have preferred the present appeal. 3. On behalf of the appellant, the learned counsel Shri Karan Talwar submitted that the issue whether appellant is liable to pay interest on the credit which was wrongly taken but suo moto reversed prior to utilization is well settled by the decisions of various Benches of the Tribunal and High Courts viz. CCE Vs. Bill Forge pvt. Ltd. [2012(26) STR 204], CCE vs. Strategic Engineering Pvt. Ltd. [2014(310) ELT 509 (Mad.)] and CC ST vs. Bharat Dynamics Ltd. [2016(331) ELT 182 (AP)]. Further, this Bench in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ould be given a chance to establish and prove that the credit of ₹ 6,57,169/- is eligible for the reason that it is availed on ventilation systems. On this point, the matter has to be remanded to the adjudicating authority. However, the main issue whether appellant is liable to pay interest on the credit wrongly availed but reversed prior to utilization, is settled by the judgments relied upon by the appellants and stated supra. In view thereof, I hold that the appellants are not liable to pay interest as well as the penalty which is confirmed in the impugned order. Therefore I set aside the impugned order to the extent of demand of interest and imposition of penalty. 6. The appeal is partly allowed as above and partly remanded for ..... X X X X Extracts X X X X X X X X Extracts X X X X
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