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2011 (4) TMI 1073 - CESTAT, MUMBAIStay petition - CENVAT credit of service tax paid on input service - demanded with interest and penalty equivalent to the amount has been imposed on the appellant on the ground that the appellant had not paid 10% in terms of Rule 6 (3) (b) of CENVAT credit Rules as they have not maintained separate account in respect of input service used in the manufacture of exempted goods and dutiable goods - appellant submitted that the appellant had already reversed more than Rs. 2.15 Crores during the relevant period and submits that they had already paid much more than what was required by the department and the calculation made by the department is required to be reconsidered as the payment made by the appellant was not considered at all - stay petition is allowed and the appeal is remanded to the original adjudicating authority
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