https://www.taxtmi.com/caselaws?id=78256 CENVAT credit-based interest and penalty depend on whether wrongly taken credit was also utilised. Here, the record did not contain a clear factual finding on utilisation, and the assessee maintained that the credit had only been availed, remained unutilised, and was reversed before the show cause notice. Because the legal consequence under the CENVAT Credit Rules turns on that factual distinction, the demand for interest and penalty could not be conclusively sustained without verification. The matter was remitted for fresh decision after determining whether the credit was merely taken or also utilised. en-us Fri, 05 Feb 2010 00:00:00 +0530 Thu, 11 Nov 2010 00:00:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=78256 CENVAT credit-based interest and penalty depend on whether wrongly taken credit was also utilised. Here, the record did not contain a clear factual finding on utilisation, and the assessee maintained that the credit had only been availed, remained unutilised, and was reversed before the show cause notice. Because the legal consequence under the CENVAT Credit Rules turns on that factual distinction, the demand for interest and penalty could not be conclusively sustained without verification. The matter was remitted for fresh decision after determining whether the credit was merely taken or also utilised. Case-Laws Central Excise Fri, 05 Feb 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=78256