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2023 (6) TMI 147 - CESTAT MUMBAIReversal of CENVAT Credit proportionate pertaining to unsold area of flat/residential complex for which they got occupation certificate on 27.01.2017 - Revenue was of the view that the amount reversed has not been determined properly in the manner as prescribed by the formula - HELD THAT:- The issue involved is no more res integra covered squarely by the decision of Hon’ble High Court of Gujarat in the case of THE PRINCIPAL COMMISSIONER VERSUS M/S ALEMBIC LTD. [2019 (7) TMI 908 - GUJARAT HIGH COURT], wherein the Hon’ble High Court has held that Thus, in the light of the provisions of Rule 3 of the Rules, respondent cannot avail full Cenvat credit on input services received after obtaining completion certificate. Hence, the respondent cannot be expected to pay an amount equal to 8%/10% of sale price of immovable property after obtaining such completion certificate where no service tax is paid as if it is sale of immovable property since Rule 6 of the Rules perse does not apply to the present case until 13.4.2016 at all. There are no merits in the impugned order - appeal allowed.
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