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2015 (9) TMI 1034 - AT - Service TaxCENVAT Credit - Common input service - reversal of credit under Rule 6(3) - making payments as per prescribed percentages - Held that:- Appellant vide letter dated 21.04.2009 opted for payments at prescribed percentages on the value of exempted services under Rule 6 (3) of the CENVAT credit Rules, 2004 and also paid amounts for the earlier periods 2008-09 and 2009-10. First appellate authority has rejected appellant's appeal only on the ground that an option given cannot be effective for the earlier period. It is observed from CBEC Circular No. 868/6/2008-CX Dated 09.05.2008 that there are only following two procedures to be followed where CENVAT credit - There is no fact on record that appellant at any stage opted for opinion-(ii) . On a particular date he paid amounts @ prescribed as per option (i) above even for the past period. In the absence of any contrary fact it cannot be said that appellant changed the option in a financial year. Appellant has all through opted for payment of amounts as per prescribed percentage of the value of exempted services, may be at a later date. There is no bar for making payments as per prescribed percentages for the prior period also as it may not be feasible to segregate quantum of input service credit pertaining to dutiable and exempted services - Decided in favour of assessee.
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