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2014 (11) TMI 712 - AT - Service TaxReversal of CENVAT Credit - Non maintenance of separate accounts - benefit of Notification 1/2006-ST dated 01/03/2006 - Penalty u/s 76, 77 & 78 - Held that:- From the records it is seen that the appellant has been filing the details of the reversals made by them indicating therein the details of the total credit taken, the value of the exempted services, value of the total output services including the value of the taxable and exempted services and other relevant particulars. From these parameters, the CENVAT credit attributable to exempted services can be easily determined in terms of the formula prescribed under Rule 6(3A). If certain details were lacking, the department could have directed the appellant to furnish those details to satisfy that the credit reversal has been done in accordance with the said formula. From the records of the case, it is seen that the department has not undertaken any such exercise nor have they given any finding as to whether the reversal made by the appellant is in conformity with sub-rule (3A) or not. In the absence of such a finding, the impugned order is clearly not sustainable in law. Matter remanded back - Decided in favour of assessee.
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