TMI Blog2019 (6) TMI 896X X X X Extracts X X X X X X X X Extracts X X X X ..... ical) For the Appellant : Shri T.G. Rathod, Jt. Commr. (AR) For the Respondent : Shri Amal Dave (Advocate) ORDER PER: RAJU This appeal has been filed by Revenue against Order of Commissioner dropping Show Cause Notice issued to M/s Maize Products, Ahmedabad. M/s Maize Products is engaged in manufacture of various products and availing CENVAT credit. The appellant are also manufacturing certain exempted, or chargeable to nil rate of duty, excisable goods namely Maize starch powder, Maize Oil, Hydrol, etc. The appellants were issued Show Cause Notice demanding an amount to be reversed in terms of condition B of sub rule 3 of Rule 6 of Cenvat Credit Rules, 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the decision of Tribunal upheld by Hon ble High Court of Gujarat as reported in 2009 (234) ELT 431 (Guj.). The SLP against said decision has also been dismissed by Hon ble Apex Court. 4.1 Moreover, it is seen that in 2010, Govt. of India introduced a retrospective amendment in section 73 of the Finance Act, 2010 to Rule 6 which granted relief to such cases. In case of ICMC Corporation Ltd., Hon ble High Court of Madras took node of the said amendment and granted relief in similar circumstances be observed as follows: 4. We find from a reading of the amendment made to Rule 6 under Section 73 of the Finance Act, 2010 that the procedure of the Cenvat Credit Rules under Rule 6 was brought in with retrospective ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y pay an amount equivalent to Cenvat credit attributable to the inputs or input services used in, or in relation to the manufacture of, exempted goods before or after the clearance of such goods : Provided that the manufacturer shall pay interest at the rate of twenty-four per cent, per annum from the due date till the date of payment of the said amount. Explanation: For the purpose of this sub-rule, due date means the 5th day of the month following the month in which goods have been cleared from the factory. 10th day of September, 2004 to the 31st day of March, 2008 (both days inclusive). As per Section 73 sub-section (2) of the Finance Act, 201 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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