9911796707
TMI Blog2011 (1) TMI 850X X X X Extracts X X X X X X X X Extracts X X X X ..... pensing with the requirement of pre-deposit, we take up the appeal proper. 2. The appellant was found to have taken credit of duty paid on common inputs used in the manufacture and clearance of both exempted and dutiable final products without maintaining separate accounts as envisaged under Rule 6 (3) (b) of Cenvat Credit Rules, 2004 (CCR). It was found that the appellant was liable to pay an amount of Rs.9,51,75,451/- being 10% of the sale price of exempted goods manufactured and cleared during the period of dispute, from September 2004 to March 2008. Another dispute decided by the Commissioner is eligibility to cenvat credit of Rs.1,64,34,699/- taken by the appellants during the material period on input services which had been exclusiv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall be inserted, namely :" "(7) Where a dispute relating to adjustment of credit on inputs or input services used in or in relation to exempted final products relating to the period beginning on the 10th day of September, 2004 and ending with the 31st day of March, 2008 (both days inclusive) is pending on the date on which the Finance Bill, 2010 receives the assent of the President, then, notwithstanding anything contained in sub-rules (1) and (2), and clauses (a) and (b) of sub-rule (3), a manufacturer availing CENVAT credit in respect of any inputs or input services and manufacturing final products which are chargeable to duty and also other final products which are exempted goods, may pay an amount equivalent to CENVAT credit attribut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isputed credit. We find considerable merit in this submission by the learned Counsel. We find that this aspect is covered in favour of the assessee by the judgment of the Hon'ble High Court of Punjab and Haryana in the case of Ind Swift Laboratories Ltd. Vs. UOI - 2009 (240) ELT 328 (P & H). However, the above relief would be admissible subject to verification of the claim of the appellants that the impugned amount remained as an entry in their cenvat account and was not utilized. We remand the liability to interest on this amount confirmed in the impugned order to the Adjudicating Authority for a fresh decision after hearing the appellants. Appeal and stay application are disposed of.
(Pronounced and dictated in open Court) X X X X Extracts X X X X X X X X Extracts X X X X
|
