No interest to be levied by Commissioner on assessee-company under CENVAT Credit Rules

Commissioner Customs & Central Excise, Rajkot Vs Nayara Energy Limited (CESTAT Ahmedabad)

Conclusion: Interest was not leviable by Commissioner under Cenvat Credit rules as Commissioner, on his own, examined as to whether assessee was eligible to avail and utilize CENVAT credit under rule 11 or rule 3(2) of the 2004 Credit Rules however, assessee had not made any such claim for availing the credit. It was, therefore, not possible to uphold the order passed by Commissioner.

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