Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2012 (4) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2012 (4) TMI 513 - AT - Central ExciseWaiver of pre-deposit of duty - Availment of CENVAT Credit in respect of the common input services which were used in or in relation to manufacture of exempted and excisable goods - Assessee filed a declaration showing the reversal of credit along with interest attributable to the credit in respect of inputs used in the manufacture of the exempted goods - Rejection of said declaration - Held that:- declaration filed by the applicant was rejected without affording an opportunity of hearing to the applicant. Further, we find that as per the provisions of Section 73 of Finance Act, 2010 in case the amount so paid is found to be less that the amount payable, the Commissioner has to call upon the assessee to pay the differential amount along with interest. From the order passed on the declaration, we find that the applicant has deposited an amount of ₹ 2,91,696/- whereas during the period in question, the applicant claimed credit of ₹ 20,97,979/- in respect of the common input services used in or in relation to manufacture of the goods. The verification report of the Dy. Commissioner of Central Excise show that the applicant requires to reverse the credit of ₹ 8,61,411/- attributable to the input services used in or in relation to manufacture of the exempted goods - rejection of the declaration filed under provisions of Section 73 of the Finance Act, 2010 is not sustainable - Matter remanded back - Decided in favour of assessee.
|