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2018 (12) TMI 1641 - AT - Central ExciseDemand of Interest and penalty - reversal of wrongly availed CENVAT Credit - demand of interest and to impose penalty on the appellant without any appropriation of the cenvat credit amount reversed by the appellant - HELD THAT:- In the case of PUNJAB NATIONAL BANK VERSUS CCE & ST, CHANDIGARH [2017 (1) TMI 1582 - CESTAT CHANDIGARH] the issue came before this Tribunal that without any appropriation of demand, interest cannot be demanded and penalty cannot be imposed and this Tribunal after going through the facts of that case, held that Admittedly, in this case the SCN has not been issued to the appellant to demand of interest only and to impose penalty. As no demand of service tax has sought to be confirmed by way of show cause notice against the appellant, interest and penalty cannot be demanded. As in this case also there is no appropriation of the demand on account of denial of cenvat credit, in that circumstances, the demand of interest and penalty imposed on the appellant are not sustainable - appeal allowed - decided in favor of appellant.
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