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TMI Blog2018 (9) TMI 1052X X X X Extracts X X X X X X X X Extracts X X X X ..... f Central Excise, Madurai Vs. Strategic Engineering [2014 (11) TMI 89 - MADRAS HIGH COURT], where it was held that mere taking itself would not compel the assessee to pay interest as well as penalty - demand of interest and penalty set aside - appeal allowed - decided in favor of appellant. - Appeal No. E/00303/2010 - Final Order No. 42074/2018 - Dated:- 29-6-2018 - Shri P Dinesha, Member (Judi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 08. 2. Heard Shri. M. N. Bharathi, Advocate for the appellant and Shri. R. Subramaniyan, learned Department Representative for the Revenue. 3. During the course of hearing, Ld. Advocate submits that the assessee has not filed any appeal against the order on merits, but they are only contesting the levy of penalty and interest. He further submits that on identical facts, this Bench of the Tri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... High Court has observed that mere taking itself would not compel the assessee to pay interest as well as penalty. The relevant portion of the order is reproduced as under:- 11. It is an admitted fact that Rule 14 of the Cenvat Credit Rules has been subsequently amended, wherein it has been clearly stated as taken and utilised . Therefore, it is quite clear that mere taking itself would not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t liable to pay interest or penalty. The impugned order is set aside and the appeal is allowed with consequential relief, if any. 6. By following the above order of this Bench, I set aside the penalty and interest confirmed by the Ld. Commissioner (Appeals). The appeal is, therefore, allowed. (Operative part of the order was pronounced in open Court) - - TaxTMI - TMITax - Central Exc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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