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Commissioner of Central Excise, Noida Versus M/s Orient Bell Ltd.

Reversal of CENVAT credit - non-maintenance of separate records for taxable and exempt activity - trading activity - effect of amendment, retrospective or prospective? - Held that: - The provision for payment of the aforesaid amount in view of not maintaining separate books of accounts was enforced vide Notification No.13 of 2011 dated 31st Mrach, 2011 w.e.f. 1st April, 2011 as is evident on the plain reading of the said notification. The subsequent Notification dated 20th June, 2012 enforced w. .....

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the benefit thereunder to the respondent - appeal dismissed - decided against Revenue. - Central Excise Appeal No. 280 of 2016 - Dated:- 6-7-2017 - Hon'ble Pankaj Mithal And Hon'ble Siddhartha Varma, JJ. For the Appellant : S.S.C., Parv Agarwal For the Respondent : Nishant Mishra, Kartikya Narain ORDER Heard Sri Parv Agarwal, learned counsel for the Central Excise and Sri Nishant Mishra and Sri Kartikeya, learned counsel for the respondent. The respondent is manufacturing ceramic tiles a .....

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o maintain separate books of accounts in respect of common input services, he would be liable to pay 6% on the value of the goods, which has to be calculated on the difference between the sale and purchase price of the goods traded or 5% of the cost of the goods sold, whichever is more. Subsequently, the rate of 5% of the value of the goods referred to above, if books of accounts are not maintained, was amended vide Notification No.13 of 2011 dated 31st March, 2011 and it was enhanced to 6% of t .....

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om 01.04.2011 amounting to ₹ 5,16,308/-. The Adjudicating Authority confirmed the demand of the entire amount. The appeal was also dismissed but the Tribunal by the impugned order dated 10.02.2016 permitted reversal of ₹ 5,16,308/- being the proportionate CENVAT Credit availed on 10% of trading turnover. Admittedly, in the present case, the respondent was not maintaining separate books of accounts in respect of common input services and as such, was liable for payment of the amount i .....

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3 of 2011 dated 31st Mrach, 2011 w.e.f. 1st April, 2011 as is evident on the plain reading of the said notification. The subsequent Notification dated 20th June, 2012 enforced w.e.f. 1st July, 2012 is only a repetition of the above amended Rule 6 in a different form and therefore the provision for payment of 6% of the value of the goods on the difference of sale and purchase price of the goods traded or 10% of the cost of the goods sold, whichever is more, remained in existence w.e.f. 1st April, .....

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