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2018 (4) TMI 1311

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..... t is in respect of amount payable under the provision of Rule 6(3A), aforesaid provision is explicit, therefore in terms of Rule 6(3A) (e) of Cenvat Credit Rules, 2004 interest is legally chargeable - in terms of Rule 6(3A) (e) of CCR 2004, appellant is liable to pay interest on the amount of ₹ 81,75,709/-. Extended period of limitation - Held that: - Once the amount admittedly reversed, .....

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..... tributable to the traded goods in terms of Rule 6 (3A) of Cenvat Credit Rules, 2004. The appellant have reversed the amount as required under Rule 6(3A) of Cenvat Credit Rules, 2004, which was confirmed by the Adjudicating authority. However, the appellant have not discharged the payment of interest on the late reversal of amount of ₹ 81,75,709/- under Rule 6(3A), which was demanded in the i .....

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..... t be invoked being delegated legislation. He without prejudice submits that in any event, interest is not payable for the year 2011-12 and 2012-13 as the same is beyond the normal period. 3. On the other hand, Shri Monoj Kumar, Ld. Asstt. Commr. (A.R.) appearing on behalf of the Revenue reiterates the findings of the impugned order. 4. On careful consideration of submissions made by both sid .....

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..... der Rule 6(3a), the charging provision of interest was created as per the Rule 6(3a)(e), therefore I do not see any reason why this provision will not be invoked. By any stretch of imagination, if the submission of the appellant is accepted that the interest is not chargeable, the provision of Rule 6(3A)(e) shall stand redundant, which is not intention of legislation. As regard the submission of t .....

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