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2018 (9) TMI 899 - AT - Central ExciseDemand of Interest and penalties - CENVAT Credit on Construction Services for the period from October, 2011 to July, 2012 - Department was of the view that the said credit is not eligible as per the amended definition of input services with effect from 01.04.2011 - whether the appellants are liable to pay the interest and the penalties imposed on the ground that they had availed credit on Construction Services after 01.04.2011? Held that:- It is not disputed that the appellants had reversed the credit immediately on being pointed out - In the case of Strategic Engineering (P) Ltd. [2014 (11) TMI 89 - MADRAS HIGH COURT], the Hon’ble jurisdictional High Court has held that no interest and penalty can be levied when the wrongly availed credit has been reversed before utilization. Demand of interest and penalties set aside - appeal allowed - decided in favor of appellant.
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