Reversal of cenvat credit

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

07 January 2019 Sir
Our Service Tax Audit is going on For Period of FY 2013-14 to FY 2017-18.
Cenvat Credit Detail is as follows : Opening Cenvat as on 01.04.2013 - 2,50,000/-
Cenvat during the years - 10,50,000/-
Utilised during the years - 8,50,000/-
Closing Balance as on 30.06.2017 - 4,50,000/-
Department has raised objection of Rule 6(3) on Cenvat during the year and opening balance.
My query is that can dept reverse opening balance for without checking it

SHUBHAM SHARMA

SHUBHAM SHARMA (Expert)
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07 January 2019 Sir, In my humble opinion in accordance with rule 14 of CENVAT credit rules read with section73 of the Finance Act, 1994 they can invoke recovery proceedings under service tax with respect to only 8,50,000/- i.e., the amount of CENVAT credit that has been taken and utilised.

Thanks and regards
CA Shubham Sharma
Contact-9462302922
email-shubham.vnv@gmail.com