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2024 (4) TMI 674 - AT - Service TaxCENVAT Credit - non-payment of amount equivalent to 6% on the value of exempted services as required under Rule 6 (3) (i) of Cenvat Credit Rules, 2004 - HELD THAT:- In the present case, it is observed that, undisputedly entire Cenvat credit taken/availed by the appellant during the period under dispute, whether in respect of taxable service or exempted service, have been deposited along with interest well before the issuance of the show cause notices and got appropriated by the adjudicating authorities vide the impugned order. The law in this respect is settled that if credit originally availed is reversed subsequently it would amount to as if not credit has been awaited. Support drawn from the decision of Hon’ble Supreme Court in the case of CHANDRAPUR MAGNET WIRES (P) LTD. VERSUS COLLECTOR OF C. EXCISE, NAGPUR [1995 (12) TMI 72 - SUPREME COURT]. It is observed that the Commissioner (Appeals) has considered the decision of this Tribunal as well as of Hon’ble Madras High Court which are based on the aforesaid decision of Hon’ble Supreme Court. There is no infirmity in the order under challenge, the same is accordingly upheld - Appeal of Revenue is dismissed.
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