2017 (7) TMI 1031

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....ent Per: SS GARG The present appeal has been filed by the Department against the impugned order dated 13.11.2014 passed by the Commissioner whereby the Commissioner (Appeals) has set aside the Order-in-Original dated 31.03.2014 passed by the Joint Commissioner. Briefly the facts of the present case are that the respondents are manufacturers of paper and paper board falling under Chapter 48 of th....

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....One Lakh Thirty Three Thousand Five Hundred and Ten only) with interest under Rule 14 of the Cenvat Credit Rules and also proposed penalty, The adjudicating authority vide Order-in-Original demanded the interest of Rs. 1,33,510/- (Rupees One Lakh Thirty Three Thousand Five Hundred and Ten only) and also imposed equal penalty under the provisions of Rule 15(2) of the Cenvat Credit Rules 2004. Aggri....

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....payable from the date of availment of cenvat credit irregularly. 4. On the other hand the learned counsel for the assessee submitted that irregular cenvat credit was reversed immediately on being pointed out. The said credit however was not utilized which is a fact not disputed by the Department. She further submitted that once the credit availed is not utilized, no interest is payable which is s....