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2017 (12) TMI 507 - AT - Service TaxCenvat credit on capital goods - Rule 2(a) of Cenvat Credit Rules, 2004 - Held that: - during the material time, defined inputs to mean all goods, except light diesel, high diesel oil, motor spirit, commonly known as petrol and motor vehicles used for providing any output service. Since the definition of input at the material time was broad enough to consider all goods, excepting the exceptions contained therein, Cenvat credit taken on tyres by the appellant should be considered as input for the purpose of availment of Cenvat credit. With regard to taking of 100% credit in the year of receipt of the capital goods, I find that the appellant had submitted the extracts of relevant portion of the ST 3 returns to show that the credit inadvertently taken, has not been utilised for payment of service tax on the output service provided by it. However, since the ST-3 returns have to be verified by the original authority, I remand the matter to him for ascertaining the fact, whether Cenvat credit taken during the relevant period, were actually available in the books for utilization. If the Cenvat credit had not been utilized for payment of service tax on the output service, the interest liability shall not be demanded from the appellant - Appeal is disposed of.
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