2009 (6) TMI 906

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....or the Respondent. ORDER The appellant filed this appeal against payment of interest of Rs. 1,94,867/- and penalty of Rs. 10,000/-. 2. After hearing both the sides and on perusal of the records, I find that the appellants during the period July, 2002 to September, 2003 taken Cenvat Credit of Rs. 8,70,515/- on waste cloth. They reversed the entire credit on 21-9-2004 vide RG-23A Part-II Sl....

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....edit. He submits that the appellants had not utilised the credit and, therefore, the payment of interest is not sustainable. 4. In this context, ld. DR submits that the Rule prescribed the payment of interest on taking of the credit. I find that the Tribunal in the case of Lafarge India Pvt. Ltd. reported in 2009 (245) E.L.T. 533 (Tri.) = 2008 (85) RLT 832 (CESTAT-Delhi) held that interest is n....