2018 (12) TMI 1803

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... r Shah, Advocate For the Respondent : Shri Sameer Chitkara, Additional Commissioner (AR) ORDER Per : Ramesh Nair The issue involved is whether the appellant is liable to pay 6%/8%, in terms of Rule 6(3) of Cenvat Credit Rules, 2004. 2. Shri Jigar Shah, Ld. Advocate appearing on behalf of the appellant submits that the appellant have reversed the major part of the Cenvat credit, after the disc .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... lant. He also submits that since there is a clear violation of the provisions of Rule 6(3), the appellant is liable for penalty under Rule 15 of Cenvat Credit Rules, 2004. 4. We have carefully considered the submissions made by both sides and perused the record. We find that the issue to be decided is whether the appellant is liable to pay 6% or 8% of the value of exempted service, in terms of Ru .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Needless to say that appellant is liable for payment of interest on the amount of reversal of Cenvat credit right from taking the credit till the date of reversal. As per our above observations, we set-aside the impugned order and remand the matter to the Adjudicating Authority for passing a fresh order. (Order dictated and pronounced in the open court)
Case laws, Decisions, Judgements, O .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X