TMI Blog2010 (3) TMI 199X X X X Extracts X X X X X X X X Extracts X X X X ..... utilized the credit – Held that: At the outset, the appellant is not disputing their liability to pay an amount of Rs.12,007/-, which they had already reversed. They are disputing only interest and penalty imposed by the authorities below. Considering the facts narrated above and taking into account that sufficient credit was lying unutilized by the appellant, the questions of confirmation of int ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Veeriayan: Heard both sides on the stay petition for a while. As a short point only is involved, predeposit as per the impugned order is dispensed with and the appeal itself is taken up for final disposal. 2. Relevant facts of the case in brief are that the appellant is a manufacturer of Purified Terepthalic Acid (PTA). The appellant took a wrong credit of service tax amounting to Rs.12,007/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... therefore, recovery of interest for credit which was lying unutilized does not arise. This is not a fit case for any imposing penalty. This is a fit case for invoking the provisions of Section 11A (2B) of the Central Excise Act. 4. Ld. SDR appearing for the Department reiterates the findings of the original authority. 5. I have carefully considered the submissions made from both sides. At the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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