TMI Blog2017 (9) TMI 75X X X X Extracts X X X X X X X X Extracts X X X X ..... t same has been reversed before utilization of the same, no interest is payable by the assessee. Penalty - Held that: - appellant is a Central Public Sector Undertaking, no charge of allegation of suppression can be made against the appellant - penalty set aside. Appeal allowed - decided in favor of appellant. - E/53775/2014-EX (DB) - A/54835/2017-EX[DB] - Dated:- 10-7-2017 - Dr. Satish C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant for deploying semi-skilled and skilled contract labour both in the township/hospitals as well as in the factory for carrying out various operations. The appellant, however, took Cenvat credit of the lump-sum amount of service tax as per the invoices supplied by manpower supply agencies. Department was of the view that the appellant will not be entitled to the credit of such service t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... credit balance of over ₹ 1 crore in the Cenvat credit account, it is evident that the wrongly taken Cenvat credit was never utilized. No interest will be payable since the credit has been reversed without utilization. He further submitted that there is no justification for imposition of penalty on the appellant, in view of the fact that no motives can be attributed to the appellant who is a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... settled in various decisions. 5. We find that in the appellant s own case for the earlier period, vide Final Order No.A/54535/2014 dated 27.11.2014; this Tribunal has decided that interest is not payable by the appellant relying on the decision of Hon ble Apex Court in the case of Bombay Dyeing Mfg. Co. Ltd. [2007(215) ELT 3 (SC)]. Further, we find that the issue has come up before the H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... litigation. During the period in question there were decisions by various judicial firms taking either view. The issue came to be settled only much later. In view of this fact and also the fact that appellant is a Central Public Sector Undertaking, no charge of allegation of suppression can be made against the appellant. Consequently, the penalty imposed is by the Adjudicating Authority is also se ..... X X X X Extracts X X X X X X X X Extracts X X X X
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