2017 (2) TMI 825

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... nding an interest and penalty for an amount which cannot be confirmed beyond five years - In the case in hand the demand of ineligible CENVAT credit by a show-cause notice dated 13th February 2006 is for a period beyond five years except for two entries. As regards two credit availed within period of five years from show-cause notice, I find that there is no allegation in show-cause notice as the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ct and needs to be reversed; appellant agreed with the audit para and reversed the credit. A show-cause notice dated 13th February 2006 was issued for appropriation of the reversed credit, demand of interest and imposition of equivalent penalty. After following due process of law adjudicating authority confirmed the reversal of CENVAT credit, but dropped the proceedings for demand of interest and .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... . In the case in hand the demand of ineligible CENVAT credit by a show-cause notice dated 13th February 2006 is for a period beyond five years except for two entries. 5. In my view if the demand of reversal of CENVAT credit is not sustainable as per provisions there cannot be any demand for interest and penalty. 6. As regards two credit availed within period of five years from show-cause notice, .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X