TMI Blog2011 (1) TMI 987X X X X Extracts X X X X X X X X Extracts X X X X ..... demand accordingly, and to give the benefit of the amendment made in the Finance Act, 2010 to the appellants, Appeals are allowed by way of remand and the stay applications are disposed of in the above manner. - E/277, 278 and 288/10 Mum - - - Dated:- 28-1-2011 - Shri. Ashok Jindal, Shri. P.R. Chandrasekharan, JJ. Appearance Shri Vinod Awtani, C.A. and for appellants Shri Vishal Agarwal, Advocate Shri H.B. Negi, SDR and Shri Kishori Lal, SDR Per : Ashok Jindal By the impugned order the appellants were directed to reverse 8% or 10% as per Rule 6(3) of CENVAT Credit Rules, 2004 on the clearance of the exempted goods as the appellants are not maintaining separate account of inputs / input service which have gon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or a Cost Accountant, certifying the amount of input credit attributable to the inputs used in or in relation to the manufacture of exempted goods, within a period of six months from the date on which the Finance Bill, 2010 receives the assent of the President. The Commissioner of Central Excise shall, on receipt of an?(3) application under sub-section (2), verify the correctness of the amount paid within a period of two months from the date of receipt of the application and in case the amount so paid is found to be less than the amount payable, he shall call upon the applicant to pay the differential amount along with interest, which shall be paid within a period of ten days from the date of receipt of the communication from the Commis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... September, 2004 [23/2004-CENTRAL EXCISE (N.T.) dated the 10th September, 2004]. In the CENVAT Credit Rules, 2004, in rule 6, after sub-rule (6), the following sub-rule 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 servic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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