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2015 (2) TMI 436 - AT - Service TaxNon maintenance of separate accounts - CENVAT Credit - Held that:- As regards the period prior to 1.4.2008 there was a cap of 20% of the credit taken with respect to utilization in case the credit pertains to both taxable as well as exempted services. There was no requirement that the utilization should be within the limit of 20% every month as held by this Tribunal in the case of Vijayanand Roadlines Ltd vs CCE, Belgaum - reported in [2006 (12) TMI 56 - CESTAT,BANGALORE] and Idea Cellular Ltd vs CCE, Rohtak reported in [2009 (2) TMI 91 - CESTAT NEW DELHI]. Thus for the period prior to April 2008, if the appellant had taken credit and the appellant had not utilized that credit in excess of the 20% of the credit taken there will not be any liability to reverse only excess credit taken. For the period 2008-09 to 2010-11, the appellant s contention is that they have maintained separate accounts and the ineligible credit taken by them would be only ₹ 5.81 lakhs. This is a question of fact and needs to be verified by the department. - Matter remanded back conditionally - Application disposed of.
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