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    <title>2015 (10) TMI 1164 - CESTAT MUMBAI</title>
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    <description>Interest on inadmissible Cenvat credit is payable from the date of availment, even if the credit has not yet been utilised, because wrongful taking of credit itself triggers the interest liability. The penalty under Section 11AC was not sustained on the facts because the credit had been taken inadvertently, reversed and paid before the show cause notice, and no mala fide intent was established. The duty and interest demands were upheld, but the equal penalty was set aside, giving only partial relief to the assessee.</description>
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      <title>2015 (10) TMI 1164 - CESTAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=265889</link>
      <description>Interest on inadmissible Cenvat credit is payable from the date of availment, even if the credit has not yet been utilised, because wrongful taking of credit itself triggers the interest liability. The penalty under Section 11AC was not sustained on the facts because the credit had been taken inadvertently, reversed and paid before the show cause notice, and no mala fide intent was established. The duty and interest demands were upheld, but the equal penalty was set aside, giving only partial relief to the assessee.</description>
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      <pubDate>Fri, 15 May 2015 00:00:00 +0530</pubDate>
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