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2018 (10) TMI 1417 - AT - Service TaxCENVAT Credit - input services - Chartered Accountants Service - Repairs and Maintenance and AMC service - Advertisement and Membership service - Travelling Services - Held that:- On the same services this tribunal has already taken a decision in the appellant’s own case in M/s Neutral Glass & Allied Industries Pvt Ltd : Versus C.C.E. & S.T. Surat - II [2017 (7) TMI 1239 - CESTAT AHMEDABAD], where except the CENVAT credit on various general insurance the credit on all other services have been allowed. General insurance services - Held that:- Ld. C.A. has fairly agreed that those general insurance services are not admissible to them. Hence, they are not contesting for an amount of ₹ 4,15,822/-. Accordingly, the demand of ₹ 4,15,822/- is upheld. Demand of Interest - Held that:- The appellant have not utilized the credit of ₹ 4,15,822/- as they have maintained the credit balance approx. ₹ 40 lakhs during the relevant period - In terms of amended rule 14 of CCR, 2004 with effect from 01/04/2012, the interest is chargeable only in case the assessee avail and utilize the credit - demand of interest not sustainable. Penalty - Held that:- There is no suppression of fact or malafide intention on part of the appellant. Moreover, even though services on which the appellant have conceded the demand, the issue appears to be debatable - penalty set aside. Appeal allowed in part.
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