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2022 (4) TMI 72 - CESTAT CHENNAICENVAT Credit - Common input services were used for rendering taxable service as well as sales activity / trading which is an exempted service - non-maintenance of separate records - compliance with Rule 6(3A) of CENVAT Credit Rules, 2004 or not - HELD THAT:- The appellant has not carried forward the CENVAT credit closing balance of ₹ 14,41,435/- in their returns for the period ending March 2011 to the returns for the period from April 2011 to October 2011. The returns establish that the appellant has not carried forward the credit from the previous period. The learned AR has submitted that this must have been an omission and not a conscious decision to reverse the disputed credit. However, it is to be noted that the appellant has not carried forward the credit and has not availed any benefit out of the credit as it has not been carried forward. It therefore has to be viewed that they have reversed the credit in their books of account. The liability to reverse therefore stands extinguished. After perusing the ST-3 returns as well as the details of the calculations given by both sides, the appellant has no further liability to reverse the credit for the disputed period. The matter was adjourned to understand the confusions in the calculations in the Show Cause Notice and order passed by the original authority - Appeal allowed - decided in favor of appellant.
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