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2017 (10) TMI 739 - AT - Central ExciseCENVAT credit - irregular availment - Rule 4(7) of the CCR, 2004 - Held that: - the appellants have taken the ineligible CENVAT credit in violation of the provisions of Rule 4(7), in respect of the input service for which they have not made payment within three months from the date of receipt of invoices - this aspect of availment of CENVAT credit was detected during the audit conducted by the Revenue and thereafter the appellant reversed the entire ineligible credit in their CENVAT credit account in August 2012 and intimated the Department on 22/09/2012. Demand of interest u/r 14 of the CCR, 2004 read with Section 75 of the FA, 1994 - Held that: - the appellants have utilised an amount of ₹ 74,33,595/- for payment of service tax on certain services during the period March 2012 to July 2012 - interest upheld. Penalty u/r 15(3) of CCR - Held that: - appellants are not liable to penalty because they have been regularly filing their monthly returns in Form ER2 and ST3 and there is no suppression on their part nor Revenue has brought any evidence on record to show that they had any intention to evade payment of tax - penalty set aside. Appeal allowed in part.
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