Penalty and interest

Nookala Subrahmanyam (Querist) 06 October 2015 This query is : Open
Recently EA 2000 audit was conducted, the audit officer has pointed out that one of the entry of excess credit taken in April 2014 amount, and asked us to reverse the cenvat we have done the reversal in Sept 2015. In review meeting Commissioner (Audit) advising the audit officer to demand of penalty under 15(1) of CE rules and interest. This rule is not retrospectively amended, how could they demand u/r 15(1).
Further we have been maintained the balance of amount in our cenvat account. It is very clear that the cenvat availed but not utilized. Hence, there was no question of interest. Experts please comment on this.

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