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2014 (2) TMI 276 - AT - Central ExciseDenial of CENVAT Credit - Interest under Rule 14 of the Cenvat Credit Rules, 2004 - Penalty under Rule 15(1) Cenvat Credit Rules, 2004 - Revenue denied credit because Cenvat Credit of Service Tax paid on GTA Services from the place of removal is not admissible - Held that:- Rule 14 specifically provides that where CENVAT credit has been taken or utilized wrongly or has been erroneously refunded, the same along with interest would be recovered from the manufacturer or the provider of the output service - Following decision of UOI Vs. Ind- Swift Laboratories Ltd. (2011 (2) TMI 6 - Supreme Court) decided against the assessee. Regarding penalty - Held that:- Appellant was under the bonafide belief that Cenvat Credit is admissible on GTA Services. As there is no indication of suppression with intention to evade any Service Tax, therefore, penalty is not attracted in this case under Rule 15 of the Cenvat Credit Rules, 2004 - Decided in favour of assessee.
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