2017 (4) TMI 990

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....Sulekha Beevi, C.S.] 1. The appellant have filed the present appeal against the confirmation of interest and penalty imposed on the allegation that they availed irregular credit on capital goods by availing 100% credit in the same financial year. 2. The facts of the case are that the appellant is registered with the Service Tax Department for providing Technical services under telecommunication ....

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....h. V.A.A. Ravi Kumar submitted that the appellants though availed the 100% credit in the same financial year on capital goods, had utilised only 50%. The remaining credit lies unutilised and therefore the demand of interest as well as the penalty imposed is unjustified. He relied upon the judgement in the case of CCE, Madurai Vs. Strategic Engineering (P) Ltd. No.2014 (310)E.L.T 509 (Mad) and subm....

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....not attract the levy of interest or imposition of penalty. The decision rendered by the Hon'ble High Court of Madras in the case of Strategic Engineering (P) Ltd has been relied by Ld. Counsel. In the said case, the appellant had reversed the credit and thereafter was held not liable to pay interest on the irregularly availed credit. In the instant case, the appellant does not have the proof that ....