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2018 (7) TMI 670 - AT - Central ExciseCENVAT Credit - input services - manufacture of both dutiable and exempted products - appellants failed to maintain separate accounts for the input services used in manufacture of dutiable and exempted products - Held that:- On being pointed out, the appellants have reversed the entire input service tax credit availed during the disputed period which comes to ₹ 46,17,410/- - having reversed the credit that has been irregularly availed by them, the department cannot force upon the appellant to pay 10% of the value of clearances. The said issue has been settled in the case of SPM Industries [2014 (3) TMI 1054 - ANDHRA PRADESH HIGH COURT], where it was held that Where the credit taken has been reversed on inputs utilised in manufacturing of the final exempted product stand deleted in the account of the assessee, it cannot be said that the assessee has taken credit for the duty paid on the inputs utilised in the manufacture of the final product, which is exempted. Appeal allowed - decided in favor of appellant.
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