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2015 (10) TMI 2535 - AT - Service TaxCenvat credit - service tax paid towards cost of insurance covered in the cost of Maintenance Service provided by M/s. Wartsila India Ltd. - Held that:- there is no material on record to suggest that reversal is warranted when availing of service was not found to be irrelevant. There was no enquiry conducted by Revenue to ascertain whether the service tax of the above amount collected from the appellant has not gone to Treasury. There is also no finding on record to show that insurance was not related to operation and maintenance of the captive power plant of the appellant by the service provider. Therefore, appeal is allowed. Levy of interest - appellant submitted that interest has been levied on the two invoices while there was reversal of credit and appellant had sufficient credit on its record - Held that:- subject to verification of the sufficiency of the credit on record, levy of interest shall be judged since the credit is claimed to have been not utilised. If the authority finds that the credit was not utilised but merely recorded in RG-23 register, there shall not be levy of interest on the amount reversed. Waiver of penalty - Held that:- prayer is justified for the reasons stated as above. Therefore, Appeal is allowed on that count and there shall be no such penalty. - Decided in favour of penalty
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