TMI Blog2015 (11) TMI 1604X X X X Extracts X X X X X X X X Extracts X X X X ..... of service tax on the output services. In absence of non utilization of the irregularly availed cenvat credit, the same will be construed as a mere book entry, for which there is no loss of Revenue to the Government Exchequer. Interest is compensatory in character and the same is required to be paid when there is delay in payment of the principal amount. In the present case, since admittedly ther ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Member (Judicial) Mr. Bipin Garg (Advocate) for the Appellant Mrs. Kanu Verma Kumar (DR) for the Respondent Per S K Mohanty: Order for recovery of interest under Section 75 of the Finance Act and imposition of penalty under Rule 7(C) of the Service Tax Rules, 1994 are the subject matter of the present dispute. 2. Sh. Bipin Garg the Ld. Advocate appearing for the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... GTL Infrastructure Ltd. vs Commissioner of Service Tax, Mumbai reported in 2015 (37) STR 577 (Tri. Mum) and Oswal Cable Products vs Commissioner of Service Tax, Delhi-I reported in 2015 (38) S.T.R. 437 (Tri. Del) to justify that no interest is payable in the circumstances of the present case. The Ld. Advocate further submits that since the return was originally filed in the month of June ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt for payment of service tax on the output services. In absence of non utilization of the irregularly availed cenvat credit, the same will be construed as a mere book entry, for which there is no loss of Revenue to the Government Exchequer. Interest is compensatory in character and the same is required to be paid when there is delay in payment of the principal amount. In the present case, since a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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