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TMI Blog2018 (2) TMI 903X X X X Extracts X X X X X X X X Extracts X X X X ..... ngs and the lower authority - on two occasions, the credit was suo motu reversed by the appellant and on other two occasions, credit was reversed as soon as the same was pointed out by the audit - mala fides cannot be attributed - penalty set aside. Appeal allowed in part. - E/90038/14-Mum - A/91717/17 - Dated:- 29-12-2017 - Mr. Raju, Member (Technical) Shri D.H. Nadkarni, Advocate, for appellant Shri V.K. Agrawal, Additional Commissioner (AR), for respondent ORDER This appeal has been filed by M/s. Phoenix Engineering against disallowance of credit wrongly availed, confirmation of demand of interest and imposition of penalty. 2. Learned counsel for the appellant argued that certain credit which was wrongly ava ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tice. NOTE: The closing balance at the end of March, 2008 was ₹ 35,78,385/- the excess credit was reversed immediately in the next month i.e. April, 2008. 2.1 Learned counsel argued that no interest is payable on the said credit for the period when the credit was availed to the time when the said credit was reversed as the said credit was not utilized. It was further argued that there was no intention to evade payment of duty especially in two cases, the credit was suo motu reversed and in other cases, it was merely a clerical error. In support of the claim that the credit was not utilized, learned counsel submitted the pattern of credit availed and utilized for the period when the credit was availed and reversed. 3. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in 2011 (265) E.L.T. 3 (S.C.) that the learned Tribunal was not justified in upsetting the order passed by the original authority as upheld by the appellate authority in levying the interest. 4.1 The said decision has been reached after considering the decision of Hon ble Supreme Court in the case of Ind-Swift Laboratories Ltd. - 2011 (265) ELT 3 (SC) and the decision of Hon ble High Court of Karnataka in the case of Bill Forge Pvt. Ltd. - 2012 (279) ELT 209 (Kar.). Respectively following the decision of Hon ble High Court of Bombay, I hold that the interest on cenvat credit wrongly availed is leviable irrespective of the fact that the said credit was utilized or not. 5. The second issue before me is the imposition of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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