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2018 (11) TMI 1518 - CESTAT MUMBAIDemand of Interest with recovery of credit - irregular availment of CENVAT credit - appellant had sufficient balance in its Cenvat account - Rule 14 of the Cenvat Credit Rules, 2004 - Held that:- It is admitted fact on record that the credit availed by the appellant had not been utilized for payment of service tax on the output service. Thus the provisions of Rule 15 of the rules cannot be sustained for imposition of equal amount of penalty, inasmuch as there was no intention on the part of the appellant to defraud the Government revenue by availing the irregular Cenvat Credit - the penalty imposed in the impugned order cannot stand for judicial scrutiny and accordingly, the same is liable to be set aside. Penalty set aside - the matter is remanded to the original authority for verification of records and proper fact finding regarding reversal of Cenvat Credit, as claimed by the appellant - appeal allowed by way of remand.
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