TMI Blog2015 (10) TMI 1692X X X X Extracts X X X X X X X X Extracts X X X X ..... te dt. 5.8.2010 and another certificate dt. 20.12.2010. Accordingly, we find that appellants have complied with entire reversal of cenvat credit along with interest. Considering the above facts that application made under sub-section (2) of Section 73 is still pending before the adjudicating authority, the case needs to be remanded to the adjudicating authority. - Impugned order is set aside - Decided in favour fo assessee. - Appeal No. E/S/41017/2014 & E/40773/2014 - Final Order No. 40621/2015 - Dated:- 10-6-2015 - R. Periasami, Member (T) And P. K. Choudhary, Member (J),JJ. For the Appellant : Mr N Venkataraman, Sr. Adv For the Respondent : Mr B Balamurugan, AC (AR) ORDER Per: R Periasami: As the issue lies on a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 10 before the Commissioner with full details along with other relevant records to consider the application. Without considering the application, the adjudicating authority proceeded with SCN and passed the impugned order. They filed the application with the same adjudicating authority and it is stated at para 8.1 of the impugned order that appellants have not obtained an order from the Commissioner on the application. The application is still pending before the very same adjudicating authority who has passed the impugned order. Since they have already reversed the entire credit along with interest, he pleaded for remand of the matter to the adjudicating authority to dispose of the application. He also submits that in view of retrospective a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been done by the assessee as of now, for me to consider the same in these proceedings. I also do not find it possible to set-off the amount of ₹ 21,54,969/- claimed to have been paid by the assessee towards the reversal of credit against the demand made in the show cause notice. I must therefore think that, in the absence of such a proof/reference before me, I am not in a position to consider the request of the assessee in quantitative terms to accept the same as sufficient compliance in place of the quantum of the credit for recovery, demand of interest and penalty proposed in the show cause notice. Further, as far the question of reversal of credit after the goods are cleared without payment of duty in which the said inputs or inpu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e.f. 10.9.2004 and they submitted application dt. 19.8.2010 before Commissioner of Central Excise immediately after retrospective amendment came into effect. Sub-Section (2) of amended Section 73 of Finance Act clearly stipulates that appellants to make an application before the Commissioner within a period of 6 months from the date on which Finance Bill, 2010 receives the assent of the President. Sub-Section (3) stipulates that Commissioner of Central Excise shall examine the application and verify the correctness of the amount paid within a period of 2 months from the date of receipt of application or demand the differential amount, if the amount paid is less than payable. It is evident from the records that same adjudicating authority at ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
