2008 (3) TMI 571

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....e Respondent. [Order]. -  The Revenue has filed this appeal against the Order-in-Appeal No. 24/2007-C.E, dated 16-1-2007, passed by the Commissioner of Central Excise (Appeals), Mangalore. 2. In this case, the Respondents availed 100% Cenvat credit on capital goods and spares instead of availing 50% of the total credit. This irregularity was noticed by the Preventive Officers. S....

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.... interest are not recoverable. The Revenue is highly aggrieved with the impugned order. It has been urged that there is no escape from the payment of interest because the credit had been irregularly taken and only when the Department pointed out the lapse, the same was reversed. Therefore during the period namely, from the date of availment of the credit to the date of reversal, the money has been....

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....nd that the Commissioner (Appeals) has relied on the decision of the Hon'ble Apex Court, the High Court and various decisions of the Tribunal, However, the Revenue in the 'Grounds of the Appeal' have relied on the decision of the High Court of Punjab and Haryana in the case of CCE Delhi v. M/s. Machino Montel (I) Ltd. reported in 2006 (202) E.L.T. 398 (P & H) = 2006 (4) S.T.R. 177 (P & H) wherein ....