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2024 (2) TMI 821 - AT - Service TaxEligibility for exemption under N/N. 01/2006-ST dated 01.03.2006 - credit was availed and utilised on input services under CENVAT Credit Rules, 2004 but paid back along with interest on being pointed out - HELD THAT:- The issue is no more res-integra and squarely covered by various decisions of the Tribunal which have held that when availed CENVAT Credit is reversed along with interest, the appellant is eligible for abatement and the claim of exemption under Notification No. 01/2006-ST dated 01.03.2006 not barred. In the case of M/S. OLD WORLD HOSPITALITY LIMITED VERSUS CST, NEW DELHI [2017 (2) TMI 1176 - CESTAT NEW DELHI] it has been held that the appellant is eligible for abated rate of duty as they have reversed the Cenvat credit availed during the material time, fully. As such, the bar on claiming on such exemption is no more applicable. The Tribunal New Delhi in the case of M/S. TRAVEL INN INDIA PVT. LTD. VERSUS C.S.T., DELHI [2015 (6) TMI 626 - CESTAT NEW DELHI] has held that On being realisation that they are not entitled to take the Cenvat credit if they are availing the benefit of exemption Notification No.1/2006-ST. Therefore, we hold that the reversal of Cenvat credit by the appellant amounts to non-availment of Cenvat credit. Thus, after appreciating the above judicial decisions, the facts being the same, the appeal is allowed.
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