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2015 (6) TMI 689 - CESTAT BANGALORE

2015 (6) TMI 689 - CESTAT BANGALORE - 2015 (39) S.T.R. 305 (Tri. - Bang.) - Exemption Notification No.10/2003 - CENVAT Credit - appellants had manufactured and cleared hand pumps by availing exemption - Held that:- Assessee is required to file an application along with a Chartered Accountant certificate after making payment of the amount of duty with interest. If the Commissioner finds that the amount paid is not correct, he is required to ensure that the verification is done within two months a .....

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he Commissioner does not send any communication within two months, the matter has to be considered as finalized as per the provisions of Section 73 - Obviously, there is no case for the Department to demand 10% of the amount received by the appellant in respect of exempted hand-pumps once the assessee fulfilled the obligations caused on him under Section 73 giving retrospective effect to the provisions of Rule 6 of CCR 2004. Therefore I find that the litigation started by the Department was unde .....

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ice tax paid on the input services. During the course of audit, it was observed that the appellants had manufactured and cleared hand pumps by availing exemption Notification No.10/2003. The appellant was required to maintain separate accounts and should not have taken credit of the duty paid on common inputs and tax paid on input services. The appellant reversed the entire CENVAT credit attributable to the exempted products by calculating proportionate basis before issue of show-cause notice an .....

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t attributable with interest and thereafter the appellants, in accordance with the provisions of Section 73 of the Finance Act, 1994, paid the interest also and made an application to the Commissioner as per the provisions of law. The Commissioner was required as per the provisions of Section 72(3) to inform the appellant within two months if the amount paid by them was not correct. In the case of the appellant, no such intimation was received. 2. Subsequently, the Additional Commissioner adjudi .....

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have the power to accept the payment made by them as per the provisions of Section 73 which gave retrospective effect to the provisions of Rule 6 and there is 6 months time to the assessees to file an application before the Commissioner after making the payment of credit attributable to exempted goods with interest. The Commissioner (Appeals) has allowed the appeal filed by the Revenue and therefore the assessee is before the Tribunal. 4. Learned counsel for the appellant reiterated the facts w .....

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nd taken by the Revenue. 6. I have considered the submissions made by both the sides. For better appreciation, Section 73 is reproduced as under:- Section 73. Amendment of rule 6 of CENVAT Credit Rules, 2004.- (1) In the CENVAT Credit Rules, 2004, made by the Central Government in exercise of the powers conferred by section 37 of the Central Excise Act, as published in the Official Gazette vide notification of the Government of India in the Ministry of Finance (Department of Revenue) number G.S. .....

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reunder and made an application to the Commissioner of Central Excise along with documentary evidence and a certificate from a Chartered Accountant 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. (3) The Commissioner of Central Excise shall, on receipt of an application under sub-secti .....

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