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2016 (10) TMI 138 - AT - Central ExciseReversal of Cenvat credit and payment of interest - availed CENVAT Credit on inputs for the year ended 31.03.2008 - provision is made only for partial write off of inputs - Held that:- the appellant is not liable to reverse CENVAT credit when the value of inputs has been written off partially and the provision of Rule 3(5B) of CENVAT Credit Rules 2004 is applicable where the provision of write off fully is made. It is also pertinent to note that for the subsequent period, the Additional Commissioner vide his order dated 01.12.2011 has given the benefit to the appellant. Therefore keeping in view the aforesaid situation, the impugned order is not sustainable in law and is set aside. Further when the credit itself is not liable to be reversed, the question of payment of interest does not arise at all. - Decided in favour of appellant
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