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2018 (3) TMI 100 - AT - Central ExciseCENVAT credit - case against the appellant is that common input services for trading which, with effect from 1st April 2011 was incorporated as exempt service in rule 2(c) of CENVAT Credit Rules, 2004 should not have been availed of in CENVAT credit account - Held that: - No attempt has been made in the SCN to isolate the value of the service on which alone liability under rule 6(3) (i) of CCR 2004 could be applied - It is certainly not the intention of the provision of law to recover an amount of ₹ 4,01,224/- when the benefit derived is limited to ₹ 5,551/- and which was already reversed by the appellant on 26th March 2014. It is now settled law that reversal of CENVAT credit is no different from non-availment of the credit. Appeal allowed - decided in favor of appellant.
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