2023 (10) TMI 172

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....llant received certain services from M/s. Indus Towers Ltd. and at the time of payment of advance, they have taken cenvat credit on the advance payment. Later on, invoices were raised to the appellant and on whole of the amount of invoice, the appellant took cenvat credit. Thereafter, realizing that he appellant has taken excess cenvat credit on the advance paid by them, they adjusted the advance availment of cenvat credit with availment of another cenvat credit available to the the appellant. The revenue is of the view that the appellant has taken cenvat credit twice and have not produced any proof or evidence that they have reversed the cenvat credit taken inadvertently, therefore, the impugned order has been passed. Aggrieved from the sa....

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....of duty i.e., where only duty of excise has not been levied or paid or has been short levied or short paid or erroneously refunded, the person liable to pay duty, shall in addition to the duty is liable to pay interest. Section do not stipulate interest is payable from the date of book entry, showing entitlement of Cenvat credit. Interest cannot be claimed from the date of wrong availment of CENVAT credit and that the interest would be payable from the date CENVAT credit is taken or utilized wrongly. 22. In the instant case, the facts are not in dispute. The assessee had availed wrongly the Cenvat credit on capital goods. Before the credit was taken or utilized, the mistake was brought to its notice. The assessee accepted the mista....