9911796707
TMI Blog2018 (2) TMI 1009X X X X Extracts X X X X X X X X Extracts X X X X ..... cannot be said that the appellant has not utilized the credit wrongly availed - Hon’ble High Court of Bombay in the case of GL&V India Pvt. Ltd. - 2015 (321) ELT 611 (Bom.) has held that interest can be demanded even if cenvat credit wrongly availed has not been utilized. Extended period of limitation - Held that: - the period of limitation would be applicable to demand of interest and demand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The excess credit availed was pointed out in audit and the appellant reversed the same on 27th 28th December 2012. Show cause notice demanding interest and for imposition of penalty was issued on 6.1.2014. It was argued that the show cause notice was issued on 6.1.2014 and the law as applicable on 6.1.2014 should be applied to the instant case. She argued that Rule 14 of the Cenvat Credit Rule ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... credit and in absence of that, no proposal for interest and penalty can be raised. She relied on the decision of Hon ble High Court of Bombay in the case of Emco Ltd. - 2015 (325) ELT A104 (Bom.) to hold that the limitation prescribed under Section 11A applies to interest as well. 3. Learned AR for Revenue relied on the decision of Hon ble High Court of Bombay in the case of Swan Mills Ltd. vs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... High Court of Bombay in the case of GL V India Pvt. Ltd. - 2015 (321) ELT 611 (Bom.) has held that interest can be demanded even if cenvat credit wrongly availed has not been utilized. 6. Learned counsel for the appellant has sought to invoke limitation as a ground against demand of interest. While Revenue has relied on the decision of Hon ble High Court of Bombay in the case of Swan Mills Ltd ..... X X X X Extracts X X X X X X X X Extracts X X X X
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