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2018 (8) TMI 1468 - AT - Service TaxDemand of Interest and penalty - wrongful availment of CENVAT credit - the appellants have reversed the CENVAT credit availed on being pointed out by the audit - Held that:- The assessee has reversed the service tax credit of ₹ 7,95,153/- vide CENVAT register document No.100116412 dated 23.2.2016 - Further, the appellant has also submitted a Chartered Accountant certificate which is on record and the Chartered Accountant has certified the reversal of credit of ₹ 7,95,153/- in the month of February, 2016 and he has also certified the extract of CENVAT credit register as well as the Service Tax returns for the period October 2015 to March 2016. In the case of Commissioner of Central Excise vs. Bill Forge Pvt. Ltd. [2011 (4) TMI 969 - KARNATAKA HIGH COURT], the Hon’ble High Court of Karnataka has held that if the credit availed is reversed without utilization then interest and penalty cannot be levied. Interest and penalty not levied - appeal allowed - decided in favor of appellant.
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