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2017 (9) TMI 552 - AT - Service TaxN/N. 1/2006-ST - denial on the ground CENVAT credit in respect of various inputs and input services were availed by the appellant - Held that: - The fact is not under dispute that the credit so availed was reversed by the appellant suo moto and no proceedings were initiated for recovery of such credit. Thus, upon reversal of CENVAT credit on the input service, it has to be construed that no credit has at all been taken by the appellant. The Hon’ble Supreme Court in the case of Chanderpur Magnet Wires Pvt. Ltd. [1995 (12) TMI 72 - SUPREME COURT OF INDIA] have held that on reversal of modvat credit, the appellant is entitled to avail exemption - In this case, since the credit was reversed the benefit of N/N. 1/2006-ST should be available to the appellant for claim of abatement. In view of CBEC vide Circular dated 10.05.2011, since the appellant has not provided the services mentioned therein, service tax demand on the restaurant service cannot be confirmed against the appellant. Appeal allowed - decided in favor of appellant.
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