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2018 (12) TMI 84 - AT - Central ExciseCENVAT Credit - relevant date for taking credit and payment of service tax - Rule 4(7) of CCR, 2004 - the appellants have taken Cenvat credit of service tax on input service before making payment of the same - contravention of Rule 4(7) of CCR, 2004 - Held that:- The assessee is entitled to avail the Cenvat credit on input service, if the bill/invoice of the said input service has been paid - the appellant is entitled to avail Cenvat credit on payment of bill/invoice of input service along with service tax and the payment of same has not been disputed by the Revenue - no demand of service tax is sustainable against the appellant. Demand of Interest - Held that:- It is the mandate of provisions of Cenvat Credit Rules, 2004, the appellant is entitled to avail Cenvat credit after making payment of the invoice - thus, for the intervening period, the appellant is liable to pay interest. Penalty - Held that:- As the appellant had contravened the provision of Rule 4(7) of the Cenvat Credit Rules, 2004, in these circumstances, the appellant is liable to pay penalty of ₹ 2000/- in each case. Appeal allowed in part.
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