https://www.taxtmi.com/caselaws?id=34698 A demand for further Cenvat credit and penalty under Section 78 could not be sustained where the show cause notices proposed only interest and the disputed credit had already been reversed; the adjudicating authority could not go beyond the notices. Penalty was therefore held unsustainable on the facts. Interest on inadmissible Cenvat credit was payable only to the extent the credit had actually been utilised before reversal; no interest was payable on the unutilised portion that was merely taken as an entry and later reversed. Relief was thus maintained except for interest on the utilised credit of Rs. 91,000/-. en-us Thu, 10 Sep 2009 00:00:00 +0530 Thu, 06 May 2010 15:33:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=34698 A demand for further Cenvat credit and penalty under Section 78 could not be sustained where the show cause notices proposed only interest and the disputed credit had already been reversed; the adjudicating authority could not go beyond the notices. Penalty was therefore held unsustainable on the facts. Interest on inadmissible Cenvat credit was payable only to the extent the credit had actually been utilised before reversal; no interest was payable on the unutilised portion that was merely taken as an entry and later reversed. Relief was thus maintained except for interest on the utilised credit of Rs. 91,000/-. Case-Laws Service Tax Thu, 10 Sep 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=34698