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TMI Blog2017 (2) TMI 1033X X X X Extracts X X X X X X X X Extracts X X X X ..... HIGH COURT], where it was held that once the entry was reversed, it is as if that the Cenvat credit was not available, we hold that the appellant is not liable to pay interest. The malafide intention is missing in that circumstance, the penalty is not imposable on the appellant. Interest and penalty set aside - appeal allowed - decided in favor of appellant. - E/2730/2007-Ex(DB) - A/61754/2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rules, 2004. Therefore, the show cause notice was issued to the appellant to demand credit of ₹ 46,47,551/- wrongly utilized or availed by them alongwith interest and to impose penalty under Rule 15 of Cenvat Credit Rules, 2004. Another show cause notice was issued to the appellant on the same facts for the period July, 2005 to December, 2005 to demand credit of ₹ 42,48,645/-. The app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the credit as held by this Tribunal in the case of Winsome Yarn Ltd.- 2015 (318) ELT 261 (Tri.-Del.) wherein the credit was allowed but the appellant is not contested reversal of the credit. The appellant is only contesting the interest and penalty on the ground that as the appellant has already reversed the credit and the same has not been utilised. In that circumstance, relying on the decisi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iled in respect of yarn intended for domestics consumption when the appellant has not taken any input duty credit on the goods cleared nil rate of duty under Notification No.30/04-CE but the appellant has availed the credit on capital goods which was reversed on pointing out. 7. In the facts of the circumstances of the case the issue before us is that whether demand of interest can be confirmed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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