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2018 (4) TMI 655

If an input is cleared from the factory of the appellant on reversal of CENVAT credit availed on such inputs, the question of invoking the provisions of Rule 6(3A) of the CENVAT Credit Rules, 2004 does not arise as per the ratio laid down by the Tribunal in the case of Commissioner of Central Excise, Ghaziabad v. U. P. Telelinks [2015 (10) TMI 1156 - CESTAT NEW DELHI], where it was held that assessee is not required to pay any amount equivalent to 6% /8% of the value of inputs cleared as such or reversal of proportional credit attributable to input cleared - appeal allowed - decided in favor of appellant. - E/88017/2017 - A/85658/2018 - Dated:- 12-3-2018 - Shri M V Ravindran, Member (Judicial) Shri Rajesh Ostwal, Advocate for the appellant .....

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posed penalty. Aggrieved by such an order, an appeal was preferred before first appellate authority. The first appellate authority, after following due process of law, held that appellant is required to reverse the amount attributable to the clearances of PPCP calculated as per Rule 6(3A) of the CENVAT Credit Rules, 2004 and in order to arrive at the correct amount, has remanded the matter back to the adjudicating authority while upholding the penalties imposed and also the finding of the adjudicating authority that clearances of PPCP would amount to trading activity. 5. I find that the first appellate authority has totally mis-directed his findings on the main plea raised by appellant, Appellant had contended before the first appellate aut .....

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such and no verification has been done to that effect whether the assessee has cleared inputs as such or was involved in the activity of trading. Show cause notice has been issued only on the basis of figures shown in the balance sheet. For removal of inputs as such, Rule 3(5) clearly states that if inputs is removed as such, the assessee is required to reverse only Cenvat credit availed on such inputs. In judicial terms which has been contended by the assessee as mentioned hereinabove, if inputs is removed as such, in that case the assessee is required to reverse the credit availed on the inputs and not required to reverse proportionate credit on inputs service pertaining to such goods and required 6%/8% of the value of such goods. As reve .....

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