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2022 (9) TMI 130 - Service Tax
Reversal of CENVAT Credit - inputs - input services - common services used for both taxable and exempted services rendered by the appellant - receipt of ‘interest’ in the course of rendering service that is not liable to tax - non-maintenance of separate records - rule 3 of CENVAT Credit Rules, 2004 - HELD THAT:- The lower authorities had not considered the manner in which the reversal was to be handled as per rule 6 of CENVAT Credit Rules, 2004 and that ‘exempted services’, as defined in rule 2 of CENVAT Credit Rules, 2004, should have been the basis for determining the ineligibility for continued maintenance of the credit availed.
In the absence of details of credit taken during the disputed period and utilized, we are unable to come to conclusion of the reversal, if any, required under the CENVAT Credit Rules, 2004. It would, therefore, be appropriate for the notice to be decided afresh by the original authority - matter remanded back to the original authority to consider the submissions of the assessee.