2015 (10) TMI 152

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....ellant in their monthly return ER1 mentioned the reversal of credit. The Central Excise audit party during the scrutiny of the record noticed the reversal of credit wrongly availed. A show cause notice dated 8.8.2011was issued proposing the demand of interest amounting to Rs. 78,702/-on wrongly availed/utilised cenvat credit under Section 11AB of Central Excise Act 1944 read with Rule 14 of the Cenvat Credit Rules, 2004 and also to impose penalty under Section 11AC of the Central Excise Act, 1944 read with Rules 15 of the Rules 2004. The Adjudicating Authority confirmed the demand of interest of Rs. 78,702/- under Section 11AB of the Central Excise Tariff Act 1944 and the penal provision was dropped. By the impugned order, the Commissioner ....

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....der sub-section (2), or has paid the duty under sub-section (2B), of Section 11A, shall, in addition to the duty, be liable to pay interest. Section 11A(2) states that the Central Excise Officer, shall after considering the representation, determine the amount of duty of excise due from such person, and thereupon such person shall pay the amount so determined. Proviso to sub Section (2B) of Section 11A states that if such person has paid the duty in full together with interest and penalty under sub-section (2B), the proceedings in respect of such person to be deemed to be conclusive. Sub section 2, 2(B) of Section 11A states that when any duty of excise has not been levied or paid or has been short levied or short levied etc., the person ch....