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2014 (8) TMI 249 - CESTAT KOLKATAWaiver of duty - Availment of CENVAT Credit - common input and input services - Held that:- Admittedly, the Applicant had availed the CENVAT Credit on inputs and input services, which were used in or in relation to the manufacture of both dutiable and exempted final products. It is also not in dispute that the Applicant had neither maintained separate records nor exercised their option for reversal of the proportionate CENVAT Credit, attributable to inputs that were used in the manufacture of inputs/input services of the exempted goods as per Rule 6(3)(ii) of the CENVAT Credit Rules, 2004. Also, prima facie, we find that the Department in computing the proportionate credit on inputs/input services, found a difference of around ₹ 39.45 and ₹ 21.03 on credit on input service, based on the report of the field formation, a copy of which was not handed over to the Applicant. There is no dispute about the reversal of the total CENVAT Credit of ₹ 56,85,699/- on inputs and ₹ 3,53,768/- on input services, attributable to the exempted final products. In the above circumstances, the amount reversed at this stage, in our opinion, is sufficient to hear their Appeal. Consequently, pre-deposit of balances dues adjudged would stand waived and its recovery stayed during the pendency of the Appeal - Stay granted.
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