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2017 (4) TMI 990 - AT - Service TaxCENVAT credit - capital goods - 100% credit availed in the same financial year - Held that: - the appellant does not have the proof that they have reversed the irregularly availed credit - the unutilised credit of 50% is shown as credit availed by appellant and the period is prior to 1.4.2011. Therefore, the demand of interest is justified. However, as the appellant was eligible to take credit of the balance 50% in the subsequent year, no penalty can be imposed - appeal allowed - decided partly in favor of appellant.
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