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2012 (10) TMI 447 - AT - Service TaxPenalty – separate accounts – alleged that appellants availed cenvat credit in respect of even those services which were not covered by the provisions of Rule 6(5) providing for cenvat credit even when separate accounts are not maintained – Held that:- When the omission was pointed out, the appellants promptly reversed the cenvat credit - appellant is a public sector unit and having regard to the size of the company and the operations of the company and also the circumstances, availment of wrong credit has happened because of accounting error and is a mistake - provisions of Section 80 are invocable in this case - penalty imposed on the appellant is set aside
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