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2017 (12) TMI 1019

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..... t is chargeable - Held that: - appellant have reversed excess amount of ₹ 8,52,596/- in the month of April, 2009 as against excess balance shown on 1st April, 2009 of ₹ 5,61,411/-. Therefore wrongly availed excess credit of ₹ 5,61,411/- stands reversed in the same month therefore there is no question of interest liability - appeal allowed - decided in favor of appellant. - E/870 .....

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..... thority considering the submission of the appellant that though there is a mistake in carrying forward of closing balance of 31st March as opening balance in the month of April, 2009 they have reversed the excess amount of ₹ 8,52,596/-therefore mistake stands corrected, hence no interest is chargeable. Accordingly, the adjudicating authority has dropped the proceedings. Being aggrieved by th .....

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..... e was no need of any payment thereafter, however on insistence by the Revenue they have again paid the ₹ 5,61,411/- in cash through challan dated 21-2-2013. Accordingly, they have not utilized the excess Cenvat credit of ₹ 5,61,411/- hence there is no question of any interest. 3. On the other hand, Shri. N.N. Prabhudesai, Ld. Superintendent (A.R.) appearing on behalf of the Revenue .....

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..... ance was ₹ 8,52,596/- as against the total liability of April, 2009 of ₹ 71,75,392/-. From this fact it is clear that appellant have reversed excess amount of ₹ 8,52,596/- in the month of April, 2009 as against excess balance shown on 1st April, 2009 of ₹ 5,61,411/-. Therefore wrongly availed excess credit of ₹ 5,61,411/- stands reversed in the same month therefore th .....

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