TMI Blog2018 (2) TMI 1011X X X X Extracts X X X X X X X X Extracts X X X X ..... edit Rules - Held that: - Tribunal in the case of Mercedes Benz India (P) Ltd. [2015 (8) TMI 24 - CESTAT MUMBAI] held that Revenue cannot enforce an option on them and it is their will to choose from the various options available under Rule 6(3) of the Cenvat Credit Rules. It is apparent that Revenue cannot enforce any option on the appellant. Accordingly the option exercised by the appellant c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g separate accounts insofar as common inputs were concerned. However, no separate accounts in respect of the common input services were maintained. The clearances of exempted goods were made on 1.9.2011, 7.1.2012 and 9.1.2012. However, option under Rule 6(3) and (3A) of the Cenvat Credit Rules was exercised on 5.12.2014 much after the clearances made. The reversal in terms of the option exercised ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cedes Benz India (P) Ltd. (supra) has clearly held as follows:- 5.4 We find that the appellant admittedly paid an amount of ₹ 4,06,785/- plus interest, this is not under dispute. Therefore in our view, the appellant have complied with the condition prescribed under Rule 6(3)(ii) read with sub-rule (3A) of Rule 6 of Cenvat Credit Rules, therefore demand of huge amount of ₹ 24,71,93 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... see does not opt any of the option at a particular time, then option of payment of 5% will automatically be applied. Therefore we do not understand that when the appellant have categorically by way of their intimation opted for option provided under sub-rule (3)(ii), how Revenue can insist that option (3)(i) under Rule 6 should be followed by the assessee. 5. In view of above, it is apparent ..... X X X X Extracts X X X X X X X X Extracts X X X X
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