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2019 (2) TMI 1556 - AT - Central ExciseDemand of interest and penalty - Irregular availment of CENVAT Credit - Held that:- Hon’ble Karnataka High Court in the case of Vilax Industries Fabric [2018 (7) TMI 1369 - KARNATAKA HIGH COURT] has upheld the decision of the Tribunal and dismissed the appeal of the Revenue by holding that if the CENVAT credit is reversed without utilization then no interest and penalty is payable. The imposition of penalty of ₹ 9,910/- under Section 78 with regard to the “Man Power Supply Agency Service” is also not sustainable because the appellant has paid the Service Tax along with interest before the issuance of SCN as far as this Service Tax is concerned. The demand of interest and imposition of penalty is bad in law - appeal allowed - decided in favor of appellant.
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