https://www.taxtmi.com/caselaws?id=703 Wrongful availment of excess Cenvat credit can attract both interest and penalty where the show cause notice specifically identifies the credit taken, the dates involved, and the quantified interest liability. Rule 12 of the Cenvat Credit Rules, 2002 supports recovery of interest on wrongly taken credit, and Rule 13(1) permits penalty for wrongful availment of credit. Reliance on a customs ruling was rejected because that case concerned the absence of a duty demand under the Customs Act, whereas here the liability was clearly set out in the notice. The interest demand and penalty were upheld as valid. en-us Wed, 19 Apr 2006 00:00:00 +0530 Sun, 13 Apr 2008 17:16:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=703 Wrongful availment of excess Cenvat credit can attract both interest and penalty where the show cause notice specifically identifies the credit taken, the dates involved, and the quantified interest liability. Rule 12 of the Cenvat Credit Rules, 2002 supports recovery of interest on wrongly taken credit, and Rule 13(1) permits penalty for wrongful availment of credit. Reliance on a customs ruling was rejected because that case concerned the absence of a duty demand under the Customs Act, whereas here the liability was clearly set out in the notice. The interest demand and penalty were upheld as valid. Case-Laws Central Excise Wed, 19 Apr 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=703