Appellants wrongfully availed excess Cenvat credit beyond prescribed caps, failing to maintain separate...

Appellants wrongfully availed excess Cenvat credit beyond prescribed caps, failing to maintain separate accounts for common inputs/services used for taxable and exempted services during 2008-09 to 2009-10. Cenvat Credit Rules cap credit utilization at 20% for exempted services. Appellants entitled to opt for payment equivalent to credit attributable to inputs/services used for exempted services u/r 6(3A), requiring recalculation. Extended period invoked rightly as appellants deliberately didn't disclose non-maintenance of separate accounts. Penalty u/s 78 warranted for non-payment of service tax, quantum requiring redetermination. Matter remanded for recalculating recoverable credit, interest, and penalty after considering appellants' documents and calculations. .....

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