2016 (11) TMI 931

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.... Asst. Commissioner(AR) for the respondent. [Order per: Sulekha Beevi, C.S.] The above appeal is filed by the appellant aggrieved by the demand of interest and imposition of penalty. 2 The appellants are engaged in the manufacture of glass containers/bottles and are availing the facility of CENVAT credit on inputs and capital goods. During the period from October 201 1 to March 2012, the ....

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....e credit wrongly availed and reversed by the appellants. Being aggrieved by the demand of interest and imposition of penalty, appellants have preferred the present appeal. 3. On behalf of the appellant, the learned counsel Shri Karan Talwar submitted that the issue whether appellant is liable to pay interest on the credit which was wrongly taken but suo moto reversed prior to utilization is wel....

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....fore the appellant has reversed this credit by mistake. He submitted that this additional ground has been taken in the appeal filed by the appellant and pleaded that the same may be considered. 4. On behalf of the Department, the learned AR Shri P.S. Reddy submitted that the appellant is liable to pay interest as well as penalty for the credit wrongly availed. That the contention of the appella....

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....However, the main issue whether appellant is liable to pay interest on the credit wrongly availed but reversed prior to utilization, is settled by the judgments relied upon by the appellants and stated supra. In view thereof, I hold that the appellants are not liable to pay interest as well as the penalty which is confirmed in the impugned order. Therefore I set aside the impugned order to the ext....