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2023 (9) TMI 12 - CESTAT KOLKATACENVAT Credit - common inputs used in the manufacture of both dutiable and exempted goods - maintenance of separate accounts - reversal of proportionate cenvat credit of the inputs used for exempted goods - Chartered Accountant’s Certificate submitted by the respondents was not supported by any documentary evidences and no verification of correctness of the facts in the Chartered Accountant’s Certificate was done by the adjudicating authority - unjust enrichment. HELD THAT:- In terms of the amendment brought in Sections 68 to 72 of the Finance Act, 2010, wherein it is clear that if the proportionate cenvat credit of inputs or input services attributable to exempted final product is reversed along with the payment of interest within a period of six months from the assent of the Hon’ble President to the Finance Bill, 2010 and the Certificate to that effect is produced by the respondents, it is established that no proceedings will be sustainable against the respondents and the adjudicating authority in his order has examined the issue and after examining the issue, which was supported by the Certificate issued by the Chartered Accountant certifying that the respondents have reversed the proportionate cenvat credit attributable of input or input services to the final products and the interest due has been paid. There are no infirmity with the impugned order and accordingly, the same is upheld - the appeals filed by the Revenue are dismissed.
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