2018 (12) TMI 1641

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....k Jindal By way of impugned order, the interest and penalty has been demanded from the appellant. 2. The facts of the case are that during the course of Audit, it was pointed out to the appellant that they have availed cenvat credit on capital goods as well as also claimed depreciation under Income Tax Act, 1961 on the capital goods. As per the Cenvat Credit Rules, if the assessee is claimin....

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....cannot be demanded and penalty cannot be imposed and this Tribunal after going through the facts of that case, it is observed as under:- "7. In the case of Total Security System (Supra), the same issue came up before this Tribunal wherein the assessee did not pay service tax in time which was paid later on, thereafter, the show cause notice was issued to the assessee to demand interest an....