Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2015 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (11) TMI 372 - AT - Central ExciseCENVAT Credit - credit in respect of input service used in the dutiable and exempted goods but by virtue of retrospective amendment in Rule 6 - appellant had not maintained separate account of input service for exempted and dutiable category of goods - Held that:- Since in the present case the amount alongwith 24% interest stand paid within stipulated time period as provided under the retrospective amendment to Rule 6, the only issue left is verification of the quantum of equal amount of Cenvat Credit i.e. ₹ 14,656/- alongwith interest as presented by the appellant. In view of the settled legal position and also on the statutory provisions made under Finance Act, 2010. I am of the considered view that demand confirmed by the original authority and upheld by the Ld. Commissioner (Appeals) alongwith penalties is not sustainable; therefore the same is set aside. However, amount of Cenvat Credit i.e. ₹ 14,656/- alongwith interest @ 24% thereon shall be adjusted from the amount of Cenvat Credit and interest already paid by the appellant. Since the lower authority has not considered quantification of actual amount of Cenvat Credit attributed to the input services used in the manufacture of exempted goods at the time of issuance of show cause notice, Adjudication order and order in appeal, the matter needs to be remitted back to the original authority - Matter remanded back - Decided in favour of assessee.
|