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2019 (7) TMI 502 - AT - Service TaxDemand of interest and penalty - CENVAT credit wrongly taken and utilized - reversal of the credit prior to the issuance of SCN - Rule 14 of the Cenvat Credit Rules read with proviso to Section 11 A(1) along with section 11(4) of the Central Excise act - HELD THAT:- In view of the findings recorded by the ld. Commissioner (Appeals) in para-5 of the impugned order, it was fact that the appellant had revered the cenvat credit under dispute, prior to issue of show cause notice. In this view of the matter, the penalty imposed under Rule 15(2) of Cenvat Credit Rules read with Section 11 AC is set aside. Demand of Interest - HELD THAT:- In view of the amended Rule 14, it is held that the appellant is liable for interest only to the extent they have utilized the cenvat credit - Accordingly, the appellant is directed to file the calculation and or evidence before the Adjudicating Authority within a period of 45 days from the date of receipt of this order and the same shall be verified by the Adjudicating Authority. If any interest is found to be payable, the same shall be paid by the appellant within 30 days of such intimation by the Adjudicating Authority. Appeal allowed by way of remand.
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