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2018 (11) TMI 1524 - AT - Service TaxDemand of interest and penalty - irregularly availed CENVAT Credit reversed before issuance of SCN - Interpretation of statute - the word “or” whether can be substituted with the word “and” appearing in Rule 14 - Held that:- Interest is usually payable when the amount due is not paid back or amount deposited as tax is taken away erroneously. In the instant case, the duty paid against which cenvat credit was noted in the books of account was all along lying with the government treasury and it was neither utilised by way of adjustment against duty demand nor taken as a refund erroneously for which the appellant can be punished with imposition of interest for the amount which had never come to its account for utilisation. Demand not sustainable - appeal allowed - decided in favor of appellant.
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