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2017 (5) TMI 627 - AT - Service TaxInterest - penalties - CENVAT credit - broadcasting service - The Department entertained a view that broadcasting service cannot be considered as an input service for the appellant - The assessee has withdrawn the contest with regard to irregularly availed credit to the tune of ₹ 18,77,641/-. Therefore the issue narrows down to the demand of interest and the penalties - Held that: - the Commissioner(Appeals) has taken note of the fact that the credit has been reversed before utilisation. The learned counsel for the assessee has also produced copies of the ST3 returns to show that the credit has been reversed before utilisation during the disputed period - the Commissioner(Appeals) has rightly set aside the demand of interest. Penalties - Held that: - The issue whether the appellant is eligible for credit on the broadcasting service prior to 01/05/2006 as well as after an interpretational issue - When the assessee has reversed the credit before utilisation, the judgment is in case of Bill Forge (P) Ltd. [2011 (4) TMI 969 - KARNATAKA HIGH COURT] will apply and the interest and penalty are not sustainable - penalties set aside. Appeal dismissed - decided against Revenue.
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