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2019 (2) TMI 589 - CESTAT BANGALOREPenalty u/s 77 and 78 of FA - PSU - utilization of ineligible CENVAT credit - short payment of Service Tax on ‘Reverse Charge Mechanism’ on Works Contract Service - no intent to evade - Held that:- The ratio of the decision in the case of M/S. MODERN WOOLENS VERSUS COMMISSIONER OF CENTRAL EXCISE [2016 (11) TMI 1353 - CESTAT NEW DELHI] is squarely applicable in the present case wherein it has been consistently held that in the case of PSU, there cannot be any malafide intent to avail irregular and unavailable credit Penalty set aside - appeal allowed - decided in favor of appellant.
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