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TMI Blog2019 (2) TMI 666X X X X Extracts X X X X X X X X Extracts X X X X ..... h Court has held that assessee is not liable to pay interest if the assessee has reversed CENVAT credit before utilization of the same - Further the issue of the appellant is covered by the Larger Bench decision of the Tribunal in the case of J.K. Tyre & Industries Ltd. Vs. AC of Central Excise, Mysore [2016 (11) TMI 911 - CESTAT BANGALORE]. The impugned order demanding penalty and interest is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng that he has availed irregular CENVAT credit of ₹ 1,70,060/- for the period April 2002 to January 2014 which is said to be recovered by issuance of the show-cause notice. After following the due process, the Order-in-Original was passed confirming the demand of CENVAT credit of ₹ 1,70,060/- wrongly availed and utilized under Rule 14 of CCR read with Section 11A of Central Excise Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submitted that appellant had sufficient balance during the impugned period and he has only availed the CEN VAT credit and not utilized the same and therefore the appellants are not liable to pay the interest and the penalties. In support of this submission, he relied upon the following decisions:- i. CCE Vs. Vimlax Industrial Fabrics [2018-TIOL-1363-HC-KARCX] ii. Positive Packaging Ind. Ltd. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 40) ELT 193 (Tri. LB)]. Further the ratios of the decisions cited supra clearly decide the issue in favour of the appellant. 6. By following the ratios of the said decisions, I am of the opinion that the impugned order demanding penalty and interest is not sustainable in law and I set aside the same by allowing the appeal of the appellant. (Operative portion of the Order was pronounced in Op ..... X X X X Extracts X X X X X X X X Extracts X X X X
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