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TMI Blog2017 (12) TMI 538X X X X Extracts X X X X X X X X Extracts X X X X ..... dit on capital goods which are received in the factory of the appellant as per the CCR, 2004. Appellant was entitled to take credit immediately on receipt of the capital goods in the factory. Once it was decided by the appellant that the machines not to be installed in the factory they suo moto reversed credit and declared in their ER-1 return in Feb, 2011 - In this fact availment of credit was le ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntry and on 24 invoices, during the period July, 2009 to January, 2011 amounting to total duty of ₹ 32,23,279/-. Appellant reversed the said cenvat credit as the goods were never installed and commissioned/put to use in the factory of production but they did not pay interest on the allegedly wrongly availed Cenvat credit. Show cause notice issued dated 8-1-2015 culminated into order-in-origi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ules, 2004 at the time of receipt of capital goods in the appellants factory. The credit was reversed when it was decided that capital goods will not be installed and to be used by the appellant therefore the credit availed from the date of receipt of the capital goods till its reversal, was correct availemnet therefore no interest is chargeable. He submits that appellant have suo moto reversed th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rule 14 of the Cenvat Credit Rules, 2004 where the cenvat credit has been taken or utilized wrongly, or has been erroneously refunded, the same along with interest shall be recovered from the manufacturer or the provider of the output services and the provisions of Sec.11A and 11AB of the Central Excise Act and Sections 73 & 75 of the Finance Act, 1994 shall apply mutatis mutandis for effecting ..... X X X X Extracts X X X X X X X X Extracts X X X X
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