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2017 (4) TMI 588 - AT - Service TaxReversal of CENVAT credit - Rule 6(3)(c) of CCR - As per Rule 6(3)(c) the appellant is entitled to utilize Cenvat credit only to the extent of 20% whereas they have utilized Cenvat credit in excess to 20% , the said excess utilized Cenvat credit was demanded - Held that: - there is no bar in availment of the credit. Even if the appellant utilize excess credit in a particular month/period there will be a short utilization in the subsequent month this will amount to deferment of payment from cash from particular month to the subsequent month, this factual aspect was not looked into by the adjudicating authority - matter remanded to the adjudicating authority for passing a fresh de novo adjudication order - appeal allowed by way of remand.
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