2018 (12) TMI 1803

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the entire Cenvat credit attributable to the exempted service has been reversed, the demand under Rule 6(3) i.e. 6%/8% of the value of exempted service will prima facie not survive - However, the calculation of Cenvat credit attributable to exempted service has not been verified by the lower authorities. As per the submission of the ld. Counsel, reversal was shown in the periodical returns file .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Advocate appearing on behalf of the appellant submits that the appellant have reversed the major part of the Cenvat credit, after the discrepancy was pointed out by the audit and balance part was reversed subsequently in the periodical returns. He submits that, since the Cenvat credit attributable to the exempted service has been reversed, the demand of 6%/8%, under Rule 6(3) will not sustain. He .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... cord. We find that the issue to be decided is whether the appellant is liable to pay 6% or 8% of the value of exempted service, in terms of Rule 6(3) of Cenvat Credit Rules, 2004. Considering the submissions of the ld. Counsel that the entire Cenvat credit attributable to the exempted service has been reversed, the demand under Rule 6(3) i.e. 6%/8% of the value of exempted service will prima facie .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X