2013 (2) TMI 779 - AT - Central Excise

Summary

Issues involved: Application for total waiver of interest and penalty u/s Rule 6 of the Cenvat Credit Rules.

Summary:
The applicants, engaged in manufacturing both dutiable and exempted goods, sought waiver of interest and penalty amounting to &8377; 5,96,79,470. The dispute arose from the credit availed on exempted goods under Rule 6 of the Cenvat Credit Rules. The appellant argued that they had already reversed a portion of the credit related to taxable services used in manufacturing exempted goods, and the total credit availed on common input services was justified considering the turnover of exempted goods. On the other hand, the Revenue contended that the demand was valid as the applicant did not comply with Rule 6 procedures. The Tribunal noted the retrospective amendment of Rule 6, requiring proportionate reversal of credit for inputs used in manufacturing exempted goods. Considering the amount already deposited by the appellant, the Tribunal waived the pre-deposit of remaining dues and stayed recovery for the appeal hearings. Stay petitions were allowed.