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2017 (5) TMI 1299 - CESTAT ALLAHABADAviling CENVAT credit while availing the benefit of abatement under N/No. 1/2006-ST - Commercial or Industrial Construction Service - sub-contract - whether appellant have rightly availed CENVAT credit on the Bills of their Sub-contractors for service received under the “Commercial or Industrial Construction Service (CICS)” wherein they have approved the Bill of their Sub-contractor and paid the major part of it by retaining 10 per cent of the same towards security deposits/retention money? Held that: - there is no dispute that the Sub-contractor of the appellant have paid the Service tax. The appellant have admittedly reversed the said amount of credit much before the issue of SCN and accordingly no SCN was required to be issued under the provisions of Section 73 of the Finance Act, 1994 - the appellant is entitled to abatement under the provisions of N/N. 1/2006-ST - appellant is entitled to take CENVAT credit of the amount of ₹ 1,07,28,250/-. Under the facts and circumstances, so far as the interest on ₹ 18,60,166/- is concerned, we hold that the same is not chargeable. The penalty is also set aside. Appeal allowed - decided in favor of appellant.
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