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2017 (7) TMI 710 - CESTAT CHENNAICENVAT credit - Motor Vehicle Insurance - Vehicle Maintenance Charges - Clearing and Forwarding Services - Port Services - Revenue was of the view that such services cannot be considered to be cenvatable - Held that: - insurance of vehicles and their maintenance has to be treated as input services in terms of Rule 2(l) of Cenvat Credit Rules, 2004, in as much as, they are related to the manufacturing activities of the assessee - the credit availed by the assessee prior to 01.04.2011, which is the period involved in two of the appeals, is admissible to the appellant. The appellants are not disputing their liability to reverse back the credit availed post-04.04.2011, I uphold the denial of the same. As regards, interest, though the appellant have taken a stand that the said credit was not utilized by them but the said fact is required to be verified by the lower authorities. If the credit has not been utilized and remained only as a paper entry in their Cenvat Credit Account, the appellant would not be saddled with any interest liability. Penalty - Held that: - there is no malafide on the part of the assessee so as to invite any penal action against them - penalty set aside. Appeal allowed - decided in favor of appellant.
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