TMI Blog2018 (6) TMI 1248X X X X Extracts X X X X X X X X Extracts X X X X ..... . 2014 and 24th Jan. 2015. As regards the retrospective effect of the amended provisions under Rule 6(3), with effect from 1.3.2016, which enables an assessee to reverse the proportionate credit attributable to exempt turn over, the same stands adjudicated in favour of the assessee by Hon’ble Gujarat High Court in CCE Vs. Rituraj Holdings Pvt. Ltd. [2013 (2) TMI 34 - GUJARAT HIGH COURT], wherei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rule 6(3) of CCR, 2004. 3. The appellant M/s Oil India Ltd. is a Public Sector Undertaking engaged in exploring oils and natural gas and they clear the same after mining production. The appellant produces mainly two items i.e. natural gas falling under CTH 27112100 chargeable at Nil rate of duty and also manufacture condensate (crude oil) falling under CTH 27090000 which is chargeable to du ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (a) + (b) 176,93,65,127/- (d) Total Cenvat credit availed during 4/2011 to 12/2013 27,05,158/- (e) Total Cenvat credit attributable towards Exempted goods d/c X a 26,75,694/- 5. Vide a separate impugned orders, the proposed demand of Cenvat credit under Rule 6( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (b) Value of excisable goods (Value of condensate cleared During 1/2014 to 08/14) 56,53,985/- (c) Total value (a) + (b) 42,30,58,147/- (d) Total Cenvat credit availed during 1/2014 to 10/2014 34,37,832/- (e) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court have held that the provisions for reversal are retrospective or sub-rule 7 of Rule 6 have got retrospective effect. In this view of the matter, we find that the issue is no more res integra and decided in favour of the appellant. We also take note that admittedly the appellants have reversed the proportionate credit attributable to the exempt turn over based on the order of the Court below. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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