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TMI Blog2018 (9) TMI 1595X X X X Extracts X X X X X X X X Extracts X X X X ..... r the Assessee Shri K. Veerabhadra Reddy, JC (AR) for the Respondent ORDER Per Ms. Sulekha Beevi C.S. Both these appeals emanate from the same impugned order and are heard together and disposed by this common order. The parties herein are referred to assessee and department for the sake of convenience. 2. The assessee was registered under renting of immovable property, construction service ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt has filed Appeal No. ST/569/2012. 3. On behalf of the assessee, ld. counsel Shri Ravikumar submitted that the assessee was in fact eligible to avail the credit. The construction service required some time to initiate the project and the credit was therefore availed prior to initiation of the project of the building. After construction of the building, it was intended to provide renting of immo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Vs. Strategic Engineer (P) Ltd. - 2014 (310) ELT 509 (Mad.) and argued that the jurisdictional High Court has held that when the credit has been reversed before utilization, interest and penalty cannot sustain. The Tribunal vide Final Order No. 41933/2018 dated 3.7.2018 in the case of M/s. Superfil Products Ltd. has followed the said decision to set aside the penalty imposed. 4. The ld. AR Shri K ..... X X X X Extracts X X X X X X X X Extracts X X X X
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