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    <title>2010 (3) TMI 1072 - CESTAT BANGALORE</title>
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    <description>Interest on irregular Cenvat credit turned on whether the ineligible credit was actually utilised, as the assessee had already accepted reversal of the credit. The Tribunal noted that the credit account extract relied on before it was not before the lower appellate authority, and the precedent on interest and utilisation had not been examined below. A factual finding on the extent of utilisation was therefore necessary before interest could be applied. The matter was remanded to the Commissioner (Appeals) for fresh decision after due opportunity.</description>
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      <title>2010 (3) TMI 1072 - CESTAT BANGALORE</title>
      <link>https://www.taxtmi.com/caselaws?id=173983</link>
      <description>Interest on irregular Cenvat credit turned on whether the ineligible credit was actually utilised, as the assessee had already accepted reversal of the credit. The Tribunal noted that the credit account extract relied on before it was not before the lower appellate authority, and the precedent on interest and utilisation had not been examined below. A factual finding on the extent of utilisation was therefore necessary before interest could be applied. The matter was remanded to the Commissioner (Appeals) for fresh decision after due opportunity.</description>
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