https://www.taxtmi.com/caselaws?id=76145 Interest is not attracted on wrongly taken Cenvat credit where the credit is not utilised, is reversed promptly before use, and the facts show only a misunderstanding rather than intent to evade duty. In such circumstances, recovery under Section 11A of the Central Excise Act, 1944 is not triggered, and consequential interest under Rule 14 of the Cenvat Credit Rules, 2004 and Section 11AB is also not payable for unutilised credit remaining in the account. The same factual basis also excludes penalty, because no wrongful benefit was derived and no evasion was established. en-us Mon, 07 Sep 2009 00:00:00 +0530 Thu, 10 Jun 2010 00:00:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=76145 Interest is not attracted on wrongly taken Cenvat credit where the credit is not utilised, is reversed promptly before use, and the facts show only a misunderstanding rather than intent to evade duty. In such circumstances, recovery under Section 11A of the Central Excise Act, 1944 is not triggered, and consequential interest under Rule 14 of the Cenvat Credit Rules, 2004 and Section 11AB is also not payable for unutilised credit remaining in the account. The same factual basis also excludes penalty, because no wrongful benefit was derived and no evasion was established. Case-Laws Central Excise Mon, 07 Sep 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=76145