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TMI Blog2017 (10) TMI 120X X X X Extracts X X X X X X X X Extracts X X X X ..... ning sufficient balance in their Cenvat credit account, in that circumstances, the appellant is not liable to pay interest in the light of the decision of Hon’ble High Court of Karnataka in the case of CCE vs. Bill Forge Pvt. Ltd. [2011 (4) TMI 969 - KARNATAKA HIGH COURT] for the intervening period. SCN issued by invoking extended period of limitation - Held that: - the show cause notice has be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onfirmed against the appellant by invoking extended period of limitation. 2. The brief facts of the case are that during the course of audit conducted for the period October 2006 to March 2011 in November 2011, it was pointed out to the appellant that they have taken inadmissible Cenvat credit on certain items which is required to be reversed and on pointing out by the audit, the appellants r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Jai Bharat Maruti Ltd. vs. CCE, Delhi - III reported in 2014 (307) E.L.T. 282 (P H) , therefore, the impugned order is to be set aside. 4. On the other hand, learned AR submits that there is no time limit prescribed for payment of interest in the statutory book. Moreover, the appellant is required to pay interest automatically they have reversed the Cenvat credit which has been taken by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant has reversed the Cenvat credit in November and December 2011. Admittedly, the show cause notice has been issued by invoking extended period of limitation and the Hon ble High Court of Punjab Haryana in the case of Jai Bharat Maruti Ltd . (supra) has held that to demand interest on differential duty, the show cause notices required to be issued within the period of limitation, i.e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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