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2014 (4) TMI 300 - AT - Central ExciseCENVAT Credit - input services - GTA service - sale of parts and accessories of tyres as such - reversal of proportionate credit - Suppression of facts - Mis declaration - Malafide intention - Held that:- Proportionate credit attributable to trading arrived at in accordance with standard accounting principles is required to be reversed. - Decided against the assessee. Extended period of limitation - If the GTA service credit entry is reflected in return and the appellants have specifically written about their trading activity, it cannot be said that they have suppressed the facts. As regards miss-declaration, having regard to the size of the appellant and the fact that the appellant never took Cenvat credit of service tax attributable to GTA service for inward transportation of tubes and flaps (as stated by learned counsel in reply to query from the Bench), the fact that tubes and flaps were inserted into tyres and the weight of tubes and flaps compared to the weight of tyres is comparatively less, it cannot be said that there was miss-declaration with intention to evade duty - appellant is directed to proportionately reverse the Cenvat credit attributable to service tax paid on GTA service utilized in respect of tubes and flaps inserted into tyres in accordance with standard accounting principles within the normal period of limitation - Decided in favour of assessee.
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