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2017 (7) TMI 592 - AT - Central ExciseCENVAT credit - retrospective benefit under Section 69 of the Finance Act, 2010 - denial on the ground that the interest @ 24% on the amount credit calculated, as required to be reversed was not discharged by the assessee - Held that: - the assessee has filed an application declaring one input namely, printing ink as commonly used both dutiable and exempted final product involving CENVAT credit of ₹ 12,474/- and interest ₹ 10,006/-. But later they have furnished their information for other inputs also during the course of adjudication proceeding. Thus, it cannot be said that the adjudicating authority have traveled beyond the scope of the proceeding - the ld. Commissioner has arrived at the total amount of proportionate credit required to be reversed by the assessee, used both on dutiable and exempted product. The computation of quantum credit has been disputed by the assessee on the ground that while computing the amount, the inputs which were exclusively used in the exempted product cannot be construed as common inputs used both dutiable as well as exempted product. Hence, the amount if properly calculated would be reduced to around ₹ 4.00 lakhs - Revenue's appeal that the assessee should not be eligible to benefit of reversal of credit retrospectively, is without merit and not acceptable. The interest to be calculated within 10 days from the date of communication of the order, therefore, there is no discrepancy in the impugned order on this count. However, for re-determination of the quantum of proportionate credit, required to be reversed, the matter is remanded to the adjudicating Commissioner with the direction to decide the issue afresh - appeal allowed by way of remand.
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