2015 (10) TMI 770

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....against which the cenvat credit availed shows the address of their Head Office whereas the cenvat credit was availed by one of the units. The Adjudicating Authority confirmed the demand of Rs. 1,74,74,379/- alongwith interest and equal amount of penalty under Section 11AC vide the impugned order dated 31.12.2013. 2. Heard both sides and perused the relevant papers. 3. The Learned Counsel for the appellants states that they had reversed the Cenvat Credit on being pointed out by the audit before utilisation. He submits that the Cenvat Credit was never utilized and they had sufficient Cenvat Credit in their account till the time of reversal of the same and therefore interest is not payable by them in view of the decisions of Hon'ble Supr....

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....not pointed out the wrong availment of cenvat credit, it would have resulted in short levy and by simple filing returns by itself will not rescue the appellants from the mischief of suppression. 5. We find that the appellants had taken cenvat Credit on the basis of invoices raised in the name of their Head Office. The said Cenvat Credit has been taken by one of their manufacturing unit. There is no allegation of double availment of the said Cenvat Credit by any other unit. It is also observed that the appellants had reversed the cenvat credit on being pointed out by the audit. The appellants have not seriously contested the necessity or correctness of reversal of the Cenvat Credit before the lower authorities. However, they are seriously....