2012 (8) TMI 344

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... edit taken on input services - Held that:- If an amount taken as cenvat credit on the input services is reversed, various judicial pronouncements holds that such an amount is to be treated as credit not availed. Since this plea was not taken before the lower authorities, it is better left to the lower authorities to consider this plea in the factual matrix and come to a conclusion. Matter remitted .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ng authority holding that appellant is ineligible to avail the benefit of said notification. 3. After haring both sides for sometime on the stay petition, we find that the appeal itself could be disposed of at this juncture, as the issue involved lies in a narrow compass. Accordingly, after allowing the application for pre-deposit of amounts involved, we take up the appeal itself for disposal. .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... arned DR and perusal of records, we find that this being an important aspect of the case, needs to be considered as if an amount taken as cenvat credit on the input services is reversed, various judicial pronouncements holds that such an amount is to be treated as credit not availed. In our view, since this plea was not taken before the lower authorities, it is better left to the lower authorities .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X