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2024 (1) TMI 776 - AT - Service TaxCENVAT Credit - Input Service - availing the abatement under N/N. 1/2006 dated 01.03.2006 was in operation which did not allow abatement if cenvat credit including cenvat credit on input services has been availed - HELD THAT:- The appellant has admitted that they have wrongly availed cenvat credit of Rs. 64,698/- because of the mistake committed by their newly appointed staff who was not aware of the Notification No. 1/2006 dated 01.03.2006. Subsequently, the appellant reversed the cenvat credit of Rs. 64,698/- alongwith interest and informed the department. Once the appellant has reversed the wrongly availed cenvat credit alongwith interest it would amount to as if no credit has been availed as held by the Hon’ble Supreme Court in the case of Chandrapur Magnet Wires (P) Ltd. [1995 (12) TMI 72 - SUPREME COURT] and subsequently followed by various Tribunals and the High Courts. The impugned order is not sustainable in law - Appeal allowed.
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