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2019 (1) TMI 1578

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..... e to the inputs used in the exempted goods is sufficient - HELD THAT:- The said retrospective amendment would apply in the case in hand as there is no dispute that the appellant had reversed proportionate amount of CENVAT Credit on the inputs which were utilised for the exempted goods manufactured and cleared - To that extent the impugned order is upheld and the orders which confirmed the demand e .....

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..... perused the records. 3. The issue involved in this case is regarding the demand of an amount equivalent to 10% of the value of the exempted goods cleared during the period March 2003 to July 2007. During the relevant period, appellant had availed CENVAT Credit of common inputs which are used for exempted as well as dutiable goods. The appellant had not maintained separate set of accounts and was i .....

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..... ction 73 of Finance Act, 2010, the Central Government has stated its position that in respect of availment of CENVAT credit on common inputs which are used for dutiable and exempted goods, reversal of the credit attributable to the inputs used in the exempted goods is sufficient. The said retrospective amendment granted liberty to the asssses to discharge the entire proportionate amount of CENVAT .....

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..... and on a specific query from the Bench as to whether the appellant had discharged the interest on 28.04.2008, Ld. Counsel was unable to categorically state that interest was paid. In the absence of discharge of interest on the specified date, we find that appellant is not entitled for any relief on the penalty. In our view, appellant is required to pay the interest as applicable on the amount reve .....

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