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2013 (10) TMI 966 - AT - Service TaxWrong availment of interest paid on service tax as Cenvat Credit - Penalty under section 11AC OR Rule 15 - Revenue pointed out that assessee were not eligible for credit of interest amount paid - Revenue was of the view that the appellant should pay a penalty equal to the cenvat credit wrongly taken – Held that:- Penal provisions under Rule 15 (2) and Section 11AC are of different nature - If there is circumstance for imposing penalty under section 11AC only that section will apply - Otherwise, penalty should be imposed under Rule 15 (2) only - this is not a case of suppression, collusion or willful mistake with intention to evade payment of duty - thus section 11AC is not warranted - only penalty under Rule 15 (2) of Cenvat Credit Rules 2004 is warranted - the penalty reduced to be paid under Rule 15 (2) of the Cenvat Credit Rules, 2004 – Decided partly in favour of Assessee.
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