2018 (2) TMI 1009

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....nt This appeal has been filed by M/s. Rohm & Haas (India) Pvt. Ltd. against demand of interest and imposition of penalty in respect of wrongful cenvat credit availed and reversed by the appellant. 2. Learned counsel for the appellant pointed out that during the period 2006-07 to 2008-09, the appellant had availed wrongful credit. The excess credit availed was pointed out in audit and the app....

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....ecoveries. In these circumstances, unless the credit is taken and utilized, no demand of interest can be invoked. She further argued that since show cause notice has been issued on 6.1.2014, part of the demand is even beyond five years period. She further argued that the show cause notice does not raise any demand of reversal of credit and in absence of that, no proposal for interest and penalt....

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.... for the period April 2006 to March 2013. From the said table, it is apparent that the credit utilized in most of the months is in excess of the credit available as closing balance in the previous months. In these circumstances, it cannot be said that the appellant has not utilized the credit wrongly availed. 5. Moreover, Hon'ble High Court of Bombay in the case of GL&V India Pvt. Ltd. - 2015 (....