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TMI Blog2021 (9) TMI 294X X X X Extracts X X X X X X X X Extracts X X X X ..... nalty imposed by the Lower Authority is not sustainable hence, penalty is set aside. Interest on availment of Cenvat credit - HELD THAT:- It has been settled that the credit on Outdoor Catering Service to the extent of contribution of services charges borne by the employee is not Cenvatable. Therefore, the credit taken by the appellant is wrongly taken credit. Therefore, in terms of Rule 14 of CCR, 2004 interest is chargeable. In the Rule it is clearly provided that whether the credit is taken or utilized the interest will be chargeable. In the present case even if the credit was not utilized but taken wrongly therefore, the interest is chargeable from the date of taking credit till the date of reversal, if any made - the appellant is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll not be admissible to the assessee. Therefore, after this judgment only the issue was settled therefore, at the time of taking credit it was correctly taken hence, interest and penalty is not chargeable. He placed reliance on the following judgments: GF Toll Road Pvt. Ltd Vs. Commissioner of Central Tax GST, Thane- 2020(3) TMI 849- CESTAT Mumbai Castrol India Ltd Vs. CCE, Raigad- 2015(9) TMI 1335- CESTAT Mumbai ITC Ltd Vs Commissioner of GST CE- 2019 (7) TMI 164- CESTAT Chennai 3. On the other hand Shri Vinod Lukose, Learned Superintendent (AR) appearing on behalf of the revenue reiterates the finding of the impugned order. He further submits that the very issue of leviability of interest on Cenvat credit taken has be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... availment of Cenvat credit, I find that it has been settled that the credit on Outdoor Catering Service to the extent of contribution of services charges borne by the employee is not Cenvatable. Therefore, the credit taken by the appellant is wrongly taken credit. Therefore, in terms of Rule 14 of CCR, 2004 interest is chargeable. In the Rule it is clearly provided that whether the credit is taken or utilized the interest will be chargeable. In the present case even if the credit was not utilized but taken wrongly therefore, the interest is chargeable from the date of taking credit till the date of reversal, if any made. Both the sides have relied upon the contrary judgments on the issue. However, the Rule 14 has been clearly interpreted b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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