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TMI Blog2018 (2) TMI 1104X X X X Extracts X X X X X X X X Extracts X X X X ..... TMI 969 - KARNATAKA HIGH COURT], where it was held that once the entry was reversed, it is as if that the Cenvat credit was not available - appellant had sufficient balance in their CENVAT credit account and had not utilized the same and therefore, they are not liable to pay the interest - appeal allowed - decided in favor of appellant. - E/23232/2014-Sm - 23294 / 2017 - Dated:- 26-12-2017 - Sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oticed that the appellants had retained the CENVAT credit availed on the capital goods till February 2010 and reversed the same in the month of February 2010 instead of reversing the same on 1.4.2009, the date of conversion of DTA unit into 100% EOU. However, the interest for the delayed reversal was not paid by them. The audit quantified the interest liability as ₹ 1,30,050/-. However, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rms of Rule 15 of CENVAT Credit Rules, 2004. Aggrieved by the Order-in-Original, appellant filed appeal before the Commissioner (A), who also rejected the appeal of the appellant; hence, the present appeal. 3. Learned counsel for the appellant submitted that the impugned order is not sustainable in law as the same has been passed contrary to the binding judicial precedent. He further submitted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of the impugned order. 5. After considering the submissions of both the parties and perusal of the material on record, I find that the issue is squarely covered in favour of the appellant by the decision rendered in the case of CCE vs. Bill Forge Pvt. Ltd. (supra). By following the above ratio, I am of the opinion that the impugned order is not sustainable in law and therefore, I set aside th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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