TMI Blog2017 (9) TMI 1244X X X X Extracts X X X X X X X X Extracts X X X X ..... it in time as provider, the ratio of the Division Bench of the Tribunal in the case of Cranes and Structural [2016 (8) TMI 387 - CESTAT BANGALORE], will squarely apply to the case in hand, wherein it has been held that provisions of Rule 6(3A) are procedural in nature and if they are compiled subsequently within the time, should be held as compliance of the provisions of CENVAT Credit Rules. Appeal allowed - decided in favor of appellant. - E/3025/2012-SM - Final Order No. 22066 / 2017 - Dated:- 18-9-2017 - Shri M. V. Ravindran, Judicial Member Mr. V. Raghuraman, Advocate For the Appellant Mr. Parasivamurthy, AR For the Respondent ORDER Per : M. V. Ravindran This appeal is directed against Order-in-Appeal No. 25 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as compliance with the provisions of the law. 5. It was argued by the learned DR that appellant in this case had submitted before the lower authorities that they have maintained a separate accounts and if they have maintained a separate account, they should have exercised the option of reversing the proportionate CENVAT credit at the beginning of the year 2008-09, which they have not done so and the provisions are very clear that such proportionate reversal should be done only after following various conditions, one of which is to inform the Revenue authorities at the beginning of the year. 6. After considering the submissions made by both sides, I find that there is no dispute as to the fact that the appellant had reversed the propo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ufacturer/service provider would lose his right to avail second option of reversing the proportionate credit. Sub-rule (3A) of Rule 6 is only a procedure contemplated for application of Rule 6(3). Consequently, the argument of Revenue is that the appellants exercising option is mandatory and on its failure, the appellant has no other option but to accept and apply Rule 6(3)(i) and make payment of 5%/10% of the sale price of the exempted goods or exempted services is not acceptable, because the Rule does not lay down any such restriction and this has been held in the judgments cited supra. It has been held in the judgment cited supra that the condition in Rule 6(3A) to intimate the Department is only a procedural one and that such procedural ..... X X X X Extracts X X X X X X X X Extracts X X X X
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