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2013 (3) TMI 381 - Commissioner - Service TaxReversal of Cenvat credit - Inputs used in the manufacture of exempted goods or services - Appellant revised their computation - Omitted to exclude the clearances under Rule 6(6) - Export of electricity to Tamilnadu Electricity Board (SEZ) - Common inputs and input services used in the final product consisting of dutiable and exempted products - Proportionate credit reversal of Cenvat credit under Rule 6(3A) of CCR’ 2004 – Held that:- The instant case falls under Rule 6(3)(ii) of CCR’ 2004 [for which the procedure is prescribed in Rule 6(3A)], the value of goods removed which are specified under Rule 6(6) has to be excluded in computing the Cenvat credit attributable to exempted goods and exempted services under Rule 6(3A). - the appellant has excluded these clearances in computing the denominator [N] while determining finally under Rule 6(3A)(c) of CCR’ 2004, the amount of Cenvat credit attributable to exempted goods and exempted services. In respect of export of electricity to TNEB - Held that:- Since the appellant has already reversed the said amount and shown in their ER-1 Return no further reversal arise. - Demand set aside - decided in favor of assessee.
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