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    <title>2017 (1) TMI 600 - CESTAT MUMBAI</title>
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    <description>Refund of unutilized Cenvat credit had already been sanctioned and cheques issued, but the Revenue sought interest and penalty on the basis that the assessee should have reversed the credit on receipt of the refund order. The Tribunal held that the Cenvat Credit Rules, 2004 contained no requirement to reverse credit merely because a refund order had been passed, and no provision authorising interest for the period between issue of the cheque and its deposit in the bank. As the credit covered by the refund claim was not utilised in the meantime, the demand for interest and penalty was unsustainable.</description>
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      <title>2017 (1) TMI 600 - CESTAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=337520</link>
      <description>Refund of unutilized Cenvat credit had already been sanctioned and cheques issued, but the Revenue sought interest and penalty on the basis that the assessee should have reversed the credit on receipt of the refund order. The Tribunal held that the Cenvat Credit Rules, 2004 contained no requirement to reverse credit merely because a refund order had been passed, and no provision authorising interest for the period between issue of the cheque and its deposit in the bank. As the credit covered by the refund claim was not utilised in the meantime, the demand for interest and penalty was unsustainable.</description>
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