2013 (11) TMI 1672

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....le Mrs. Archana Wadhwa : After hearing both the sides, I find that the appellants, who were availing CENVAT credit of duty paid on the inputs availed wrong credit to the extent of ₹ 14,56,622/- during the period July 97 to December, 1999. On being pointed out by the audit, the appellants realised that in respect of 8 entries involved in the present appeal they had taken the credit by adopti....

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....ide the penalty imposed by the Commissioner. 3. As regards interest, the appellants contention is that though they had taken the excess credit, the same was actually not utilised by them in as much as during the period in question they always had the balance to the extent of wrong credit involved, i.e., ₹ 14,56,662/-. If that be so, the law declared by the Hon'ble Karnataka High Court ....