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 Pratibha Processors Vs UOI 1996 (88) ELT 12 (SC)  UOI vs Valecha Engg Ltd 2010 (249) ELT 167 (Bom)  Dharmendra Textile Processors 2008(231) ELT 3 (SC)  Rajasthan Spinning & Weaving Mills 2009 (238) ELT 3 (SC)  Lark Chemicals Pvt Ltd 2016 (42) S.T.R. 417 (S.C.)

18. Learned Special Counsel submits, on the issue of demand of penalty and interest after reversal of CENVAT Credit, which was only availed but not utilised, before issuance of Notice, and Payment of Service Tax, for, that the provisions of Section 73(3) of the Act are applicable only subject to ingredients provided in Section 73(4) of the 25 ST/61636/2018 & 02 others Act; since the case has been held to involve suppression of facts with intent to evade payment of service tax, the plea is liable to be rejected in terms of provisions of section 73(4) of the Act. Learned Special Counsel submits, on the issue of applicability of interest when credit availed is reversed without utilization, and appellant's reliance on the case of M/s. Strategic Engineering (P) Ltd. 2014-TIOL466-HC- MAD-CX, learned Counsel submits that the point may be considered if the appellant had not utilised the credit during the period under examination. Learned Counsel submits on the reversal of Cenvat credit of Rs 82,82,930, which was erroneously availed and utilized by the Appellant, that due to suppression of facts with intent to evade payment of duty, the appellant has rendered themselves liable to pay penalty under Section 78 of the Finance Act,1994, as brought out in the impugned order.