TMI Blog2012 (10) TMI 826X X X X Extracts X X X X X X X X Extracts X X X X ..... d that:- the appellant has reversed the CENVAT Credit which has been pointed out as erroneously taken in August and September 2008 itself. It is also to be noted that the credit which has been availed on courier/telephone/security services, if would have been contested on merit they may have succeeded, as these services are eligible for availing CENVAT credit of Service Tax paid. - penalty set as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... NVAT Credit made by them and are contesting the issue only as regards interest and penalty. 4. I find that the appeal itself could be disposed of at this juncture. Accordingly, after allowing the Stay Petition for waiver of pre-deposit of interest and penalty, I take up the appeal itself for disposal. 5. Ld. Authorised representative of the assessee draws my attention to the Show Cause Notic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vices etc. Since the appellant is not contesting the reversal already made by them, their appeal to that extent is rejected and I uphold the order of the lower authorities for the purpose of confirmation of demand of Rs.6,80,67/- . 8. As regards interest demand raised, I find that the appellant having accepted that they are not eligible for availing CENVAT Credit, the interest liability arises ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ontested on merit they may have succeeded, as these services are eligible for availing CENVAT credit of Service Tax paid. 10. Keeping all this in mind, I find that the equivalent penalty imposed on the appellant is unwarranted and is liable to be set aside. In the facts and circumstances of the case, the appellant having paid the entire amount of Service Tax liability and is ready to discharge ..... X X X X Extracts X X X X X X X X Extracts X X X X
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