2018 (2) TMI 1663

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..... which they later reversed voluntarily before being pointed out by the department. Also, they have paid the interest of ₹ 1,12,796/- being pointed out by the audit department. When the entire amount of credit was reversed by the appellant before being pointed out by the department alongwith interest, therefore, imposition of penalty equal to the credit availed is untenable in law - appeal al .....

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..... appellant had availed Cenvat credit on same input invoice twice, however, realizing their mistake, the credit of ₹ 5,68,013/- was reversed on 25.07.2009 before being pointed out by the department. Pursuant to the audit objection about levy of the interest on the inadmissible credit availed during the relevant period, they have reversed the interest amount of ₹ 1,12,796/- also on 04.10 .....

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..... ice was issued for appropriation of the amount paid and proposing penalty. Therefore, the contention of the appellant is that interest is not payable, is devoid of merit. 6. I find that admittedly the appellant had initially availed Cenvat credit twice on the same input invoice which they later reversed voluntarily before being pointed out by the department. Also, they have paid the interest of .....

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