TMI Blog2023 (9) TMI 12X X X X Extracts X X X X X X X X Extracts X X X X ..... icating authority - unjust enrichment. HELD THAT:- In terms of the amendment brought in Sections 68 to 72 of the Finance Act, 2010, wherein it is clear that if the proportionate cenvat credit of inputs or input services attributable to exempted final product is reversed along with the payment of interest within a period of six months from the assent of the Hon ble President to the Finance Bill, 2010 and the Certificate to that effect is produced by the respondents, it is established that no proceedings will be sustainable against the respondents and the adjudicating authority in his order has examined the issue and after examining the issue, which was supported by the Certificate issued by the Chartered Accountant certifying that the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y on their final products. 2.1 During the course of investigation, it was found that the respondents have used common inputs, like liquid chlorine, caustic soda lye, caustic soda flakes, hydrogen peroxide, sodium sulphate and alum etc. in the manufacture of both dutiable and exempted goods. The respondents have maintained separate accounts and had reversed the proportionate cenvat credit of the inputs used for exempted goods as per the said calculation on the above inputs. 2.2 Further, it was alleged that the separate accounts maintained by the respondents were in a hypothetical manner by adopting back calculation method on the basis of norms fixed for the month, which was adjusted at the close of the month, taking into consideration ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1.03.2008. 2.6 The later period was also covered by the Notification No.10/2008- CE (NT) dated 01.03.2008 and the amendment was brought by the Finance Act, 2010, which stipulates that where a person opts to pay the amount in accordance with the provisions of the Central Excise Rules, 1944/Rule 6 of the Cenvat Credit Rules,2001/2002/2004 as amended by sub-section (1) of Section 68 to 72 of the Finance Act, 2010, he will pay the amount along with interest specified thereunder and make an application to the Commissioner of Central Excise along with documentary evidence and a Certificate from a Chartered Accountant or a Cost Accountant certifying the amount of input credit attributable to the inputs used in or in relation to the manufacture ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpted final product is reversed along with the payment of interest within a period of six months from the assent of the Hon ble President to the Finance Bill, 2010 and the Certificate to that effect is produced by the respondents, it is established that no proceedings will be sustainable against the respondents and the adjudicating authority in his order has examined the issue and after examining the issue, which was supported by the Certificate issued by the Chartered Accountant certifying that the respondents have reversed the proportionate cenvat credit attributable of input or input services to the final products and the interest due has been paid. In the appeals filed by the Revenue, the reversal is not disputed at all. 6. In that c ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
