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2017 (4) TMI 803 - AT - Service TaxCENVAT credit - input service - GTA service for transportation of goods from the factory of the appellant to the buyers - whether appellant is liable to pay interest for the intervening period or not and in the facts and circumstances of the case, penalty is imposable on the appellant or not? - Held that: - the Cenvat credit account was lying unutilized and therefore, interest is not payable by the appellant - With regard to penalty, from April, 2010, there was an amendment in the Rules that the appellant was not entitled for Cenvat credit on the outward agency service, the appellant is not entitled to avail Cenvat credit on the transportation charges. In these circumstances, the penalty is imposable on the appellant. The appellant has paid the amount of Cenvat credit before adjudication, the penalty is reduced to 25% of the duty amount. Appeal disposed off - decided partly in favor of assessee.
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