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TMI Blog2018 (8) TMI 1399X X X X Extracts X X X X X X X X Extracts X X X X ..... e case are that the appellant is engaged in the business of providing works contract service, defined as a taxable service under the Finance Act, 1994. During the dispute period, for providing such taxable service, the appellant had discharged the service tax liability in some cases and availed exemption under Notification 25/2012-S.T. dated 20.06.2012 in respect of providing such taxable service ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich was disposed of vide impugned order dated 31.01.2018 in favour of Revenue. Vide the impugned order, the learned Commissioner (Appeals) has confirmed the CENVAT Credit demand along with interest and appropriated the amount already reversed by the appellant towards such confirmed demand. The impugned order also imposed penalty on the appellant. 3. The short question involved in the appeal for c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the credit has been reversed by the appellant, but such reversal cannot be construed as substitute for payment of service tax. Accordingly, the impugned orders have confirmed the CENVAT credit demand against the appellants. We find from the submissions of the Learned Chartered Accountant for the appellant that the appellant had already reversed the CENVAT credit and also paid interest on such reve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed view that since the appellants have reversed the CENVAT credit and also paid interest on such delayed reversal of credit, demand cannot be confirmed on the appellants." 4. In view of the above settled position of law, the impugned order passed by the learned Commissioner (Appeals) cannot be sustained. Therefore, the same is set aside and the appeal is allowed with consequential relief, if any. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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