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TMI Blog2022 (12) TMI 349X X X X Extracts X X X X X X X X Extracts X X X X ..... case of CHANDRAPUR MAGNET WIRES (P) LTD. VERSUS COLLECTOR OF C. EXCISE, NAGPUR [ 1995 (12) TMI 72 - SUPREME COURT ], that where any cenvat credit has been reversed without utilisation of the same, amounts to credit having not been taken at all. Accordingly, appellant is not liable for interest penalty for this amount. The disputed amount of Rs. 2,07,598/- stood concluded in terms of Section 11AC(1)(d) of the Central Excise Act. Accordingly, no show cause notice should have been issued to this amount. Therefore, the penalty imposed under Section 11AC is set aside alongwith demand of interest. Appeal allowed. - Excise Appeal No. 51289 of 2022-SM - FINAL ORDER NO. 50881/2022 - Dated:- 23-8-2022 - MR. ANIL CHOUDHARY, MEMBER (JU ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the amount of Rs. 2,07,598/-, which was not contested already reversed, with further proposal to appropriate the amount already reversed Rs.2,07,598/- and further proposed interest and penalty. 4. In the earlier round, this matter had reached before this Tribunal and vide Final Order No. A/50200/2020-SM(BR.) dated 31.01.2020, this Tribunal allowed the appeal by way of remand, directing for denovo adjudication of the show cause notice in the light of the precedent rulings. Pursuant thereto, the Assistant Commissioner vide order-in-original dated 07.10.2020 has been pleased to reconfirm the total cenvat credit alongwith equal penalty and demand of interest. Being aggrieved, the appellant preferred appeal before the ld. Commissioner (Appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and penalty shall be deemed to be concluded. Accordingly, he prays for allowing of the appeal with consequential relief. 6. Learned Authorised Representative appearing for the Revenue, relies on the findings of the Commissioner (Appeals) in the impugned order. 7. Having considered the rival contentions, I find that that it is evident from the record that the appellant did not contest the amount of Rs.2,07,598/- from the very beginning and have reversed the same and also deposited 15% penalty as early on 07.04.2016, which is almost one year prior to issuance of show cause notice. Further, it is evident that the said amount remained unutilised till the date of reversal. It has also been held by the Hon ble Supreme Court in the case of C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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