TMI Blog2015 (8) TMI 1315X X X X Extracts X X X X X X X X Extracts X X X X ..... nvat Credit Rules requiring the manufacturer to reverse the cenvat credit taken on the inputs destroyed in the factory. The provision for reversal of cenvat credit came into effect from 07.09.2007 through insertion of sub-rule (5C) into Rule 3 in the Cenvat Credit Rules. Since the said rule has not been given the retrospective effect, I am of the opinion that in the absence of any specific provisi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ORDER This appeal is directed against the impugned order dated 3 rd June, 2010 passed by the Commissioner (Appeals), Customs and Central Excise, Lucknow, wherein the cenvat demand on the glass bottles has been confirmed. 2. The brief facts of the case are that the appellant is engaged in manufacture of Aerated Water falling under Chapter 22 of the first schedule of the Central Excise ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Counsel for the appellant submits that during the disputed period, there was no provisions in the Cenvat Credit Rules for reversal of cenvat credit in the case of consideration of remission of duty on the goods destroyed. He submits that the provisions for reversal of cenvat credit came into effect only on 07.09.2007 through insertion of Sub-Rule 5 (C) of Rule 3 in the Cenvat Credit Rules. Accor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd perused the records. 7. The dispute involved in the present case is for the period May to June, 2005 and March to June, 2006. During the relevant time, there were no provisions contained in the above Cenvat Credit Rules requiring the manufacturer to reverse the cenvat credit taken on the inputs destroyed in the factory. The provision for reversal of cenvat credit came into effect from 07.09 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
