2019 (2) TMI 74

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..... t lead to suppression or intention to evade payment of duty and cannot also therefore attract penalty. For the above reasons, penalty is deleted - ROM Application allowed. Interest - Held that:- The appellant had utilized a portion of the CENVAT Credit availed for which portion there has to be a liability of interest - it is appropriate to direct the adjudicating authority to compute the intere .....

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..... inding. He further submitted that there was a pleading on this during the course of hearing on the main appeal; a specific ground was also raised in the appeal and that even in the synopsis filed during the course of arguments, a specific plea/argument was addressed to. 3. Ld. AC (AR) Shri. R. Subramaniyan agrees that there was no specific finding, but however submitted that the appellant had n .....

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..... e appellant had utilized a portion of the CENVAT Credit availed for which portion there has to be a liability of interest. In this view of the matter, I find it appropriate to direct the adjudicating authority to compute the interest on that portion of CENVAT Credit utilized by the appellant for the years under dispute. This ground of the ROM applications is treated as allowed in part. The Final O .....

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