2009 (12) TMI 421

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..... d from November, 2004 to September, 2005. On their own, the respondents reversed the credit. Show cause notice was issued and after adjudication and appellate proceedings, the matter has come before this Tribunal. Revenue is in appeal against the decision of the Commissioner (Appeals) who has held that appellant is not liable to pay interest on the Service tax credit taken by them in view of the f .....

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..... 4 to September, 2005. On their own, the respondents reversed the credit and when they were asked by the Department to pay interest, they replied that since they have not utilised the credit they are not liable to pay interest. Show cause notice was issued and after adjudication and appellate proceedings, the matter has come before this Tribunal. Revenue is in appeal against the decision of the Com .....

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..... t utilized even from the submission made by the representative of the appellant. In that case it is found that Senior Manager had submitted that no interest whatever is leviable under Section 11AB. However, from the facts of the case it cannot be made out that whether the credit was taken and utilized or it was taken as in the present case. In any case, in view of the fact that appellants have cit .....

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