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TMI Blog2017 (4) TMI 803X X X X Extracts X X X X X X X X Extracts X X X X ..... y is imposable on the appellant or not? - Held that: - the Cenvat credit account was lying unutilized and therefore, interest is not payable by the appellant - With regard to penalty, from April, 2010, there was an amendment in the Rules that the appellant was not entitled for Cenvat credit on the outward agency service, the appellant is not entitled to avail Cenvat credit on the transportation ch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e service tax on goods transported to the buyers and availed the Cenvat credit thereon. During the course of investigations, it was found that as appellant is not entitled to avail Cenvat credit on outward GTA service, therefore proceedings were initiated against the appellant. Matter was adjudicated and demand on account of Cenvat credit was confirmed along with interest and equivalent amount of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he alternative, he submits that as the entire duty demand stands paid, penalty be reduced up to 25% of duty. 4. On the other hand, learned AR opposed the contention of the learned counsel and he relied on the decision of Madras High Court Ind-Swift Laboratories Ltd. as reported in 2014 (310) E.L.T. 509 (Mad.), to submit that interest is payable by the appellant. It is also submitted on behalf o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... atories Ltd. [2011 (265) E.L.T. 3 (S.C.)] (supra) and thereafter arrived at the decision that if the Cenvat credit lying in the Cenvat credit account unutilised which has been taken wrongly but reversed before utilization, in that situation, interest is not payable. 8. Admittedly in the case in hand, the Cenvat credit account was lying unutilized and therefore, interest is not payable by the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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