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2017 (2) TMI 155 - AT - Service TaxReversal of CENVAT credit - service tax paid by utilising the cenvat credit availed from a common pool - whether an assessee is a manufacturer as well as service provider can maintain a consolidated cenvat account in respect of input and input services used for both the activities and pay the excise duty and service tax from such consolidated account? - Held that: - the credit of either excise duty paid on input or service tax paid on the input services have been termed as cenvat credit and the said cenvat credit is allowed to be utilised either for payment of excise duty or for payment of service tax. In the said provisions, there is no explicit condition that for manufacture and services separate account has to be maintained. Therefore in the absence of any such restriction or prohibition, the assessee is free to maintain a consolidated cenvat account and discharge the excise duty as well as the service tax liability from such common pool. The Board in the letter F.No. 381/23/2010/862 dated 30.03.2010 states that the utilisation of cenvat credit from common pool for payment of excise duty and/or service tax is permissible. The respondent has rightly paid the service tax from a common pool of cenvat credit - appeal dismissed - decided against Revenue-appellant.
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