2014 (7) TMI 399

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....iled this appeal against the demand of interest of Rs. 40,457/- and penalty of Rs. 20,000/-. 2. Heard both sides and perused the records. 3. The relevant facts of the case in brief are that the appellants were engaged in the manufacture of "pulp & paper making machinery and parts" falling under Heading No. 84.39 of the CETA, 1985. The appellants availed irregular Cenvat credit on capital goo....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Cause Notice and entire transaction was recorded in their Cenvat credit account, therefore, there is no intention to evade payment of duty. Accordingly, the demand of interest and imposition of penalty are not sustainable. 5. On the other hand, the learned Authorised Representative for the Revenue submits that they are liable to pay interest under Section 11 AB of the Central Excise Act, 1944 ....