https://www.taxtmi.com/caselaws?id=3104 Interest was sustained where duty was treated as unpaid because Cenvat credit had been utilised beyond the available balance, making the clearance effectively without valid duty payment. The wrong utilisation was treated as sufficient to justify the interest demand, which remained undisturbed. Penalty was waived because the excess utilisation was for a very short period, close to the introduction of the relevant credit restriction, and the contravention was considered technical and disproportionate on the facts. The appeal therefore succeeded only on the penalty issue, while the interest liability was upheld. en-us Tue, 30 Oct 2007 00:00:00 +0530 Wed, 16 Apr 2008 16:12:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=3104 Interest was sustained where duty was treated as unpaid because Cenvat credit had been utilised beyond the available balance, making the clearance effectively without valid duty payment. The wrong utilisation was treated as sufficient to justify the interest demand, which remained undisturbed. Penalty was waived because the excess utilisation was for a very short period, close to the introduction of the relevant credit restriction, and the contravention was considered technical and disproportionate on the facts. The appeal therefore succeeded only on the penalty issue, while the interest liability was upheld. Case-Laws Central Excise Tue, 30 Oct 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=3104