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2018 (7) TMI 1336 - AT - Central ExciseDemand of Interest and penalty - CENVAT Credit availed in respect of common services, which were relatable to their second unit, which was not a registered ISD, is reversed - Held that:- Reliance placed in the case of CCE & ST, LTU Vs. Bill Forge Pvt. Ltd. [2011 (4) TMI 969 - KARNATAKA HIGH COURT], where it is held that if the excess credit availed remained as paper entry and was not utilised, no interest liability would arise. Penalty - Held that:- This is a case of bona fide availment of credit and inasmuch as the issue also stands decided in favour of the assessee, it cannot be held to be a case of any mala fide so as to attract penal provisions - penalty also not warranted. Appeal allowed - decided in favor of appellant.
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