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2013 (12) TMI 281 - AT - Central ExciseBenefit of reversal of proportionate CENVAT Credit of inputs or input services - Waiver of Pre-deposit Held that - It would be covered by the retrospective amendment to the provisions of Rule 6 of CENVAT Credit Rules, 2004 and the appellant is entitled to reverse the proportionate CENVAT Credit availed on the Service Tax paid on the common input services - In the post 01.04.2008 scenario, the provisions of Rule 6(3A) was inserted which specifically require the assessee to follow the procedure in order to avail the benefit of reversal of proportionate CENVAT Credit of inputs or input services attributable to the exempted goods manufactured and cleared from the factory premises - the appellant has not followed the said procedure - the appellant has already deposited an amount of Rs.13.65 lakhs along with during the pendency of the matter - the appellant is directed to deposit further an amount of Rupees Ten Lakhs as pre-deposit Upon such submission rest of the duty to be stayed till the disposal Partial stay granted.
Issues:
1. Stay petition for waiver of pre-deposit of an amount confirmed as payable by the appellant. 2. Interpretation of CENVAT Credit Rules, 2004 regarding reversal of proportionate credit. 3. Applicability of Rule 6(3A) post 01.04.2008 for availing benefit of reversal of CENVAT Credit. 4. Consideration of legal propositions raised by the appellant's Chartered Accountant. 5. Comparison with previous Stay Orders in similar cases. 6. Decision on the amount to be deposited by the appellant for further compliance. Analysis: 1. The appellant filed a Stay Petition seeking waiver of pre-deposit of an amount confirmed as payable, related to exempted goods cleared from the factory premises after utilizing common input services with CENVAT Credit of Service Tax liability paid. The Chartered Accountant argued that the appellant had reversed the proportionate CENVAT Credit attributable to the exempted goods based on previous Stay Orders in similar cases. 2. The Tribunal considered the period from April 2007 to 01.03.2008, noting the retrospective amendment to Rule 6 of CENVAT Credit Rules, 2004. It was acknowledged that the appellant could reverse the proportionate CENVAT Credit availed on Service Tax paid for common input services during this period, supporting the Chartered Accountant's contentions. 3. For the post 01.04.2008 scenario, Rule 6(3A) was inserted, requiring a specific procedure for availing the benefit of reversal of proportionate CENVAT Credit for exempted goods. The Tribunal observed that the appellant had not followed this procedure, indicating that a deeper consideration of legal propositions raised by the Chartered Accountant would be necessary during the final disposal of the appeal. 4. In comparing the present case with previous Stay Orders, the Tribunal noted that unconditional stay was granted in a similar case where the appellant had reversed the entire CENVAT Credit on common input services. However, in this case, the appellant was directed to deposit a further amount within a specified period, considering the amount already deposited during the pendency of the matter. 5. The Tribunal directed the appellant to deposit an additional amount and report compliance within a set timeframe. Subject to compliance, the application for waiver of pre-deposit of the balance amounts was allowed, and recovery was stayed until the appeal's final disposal. The decision highlighted the importance of procedural adherence and compliance with CENVAT Credit rules in such cases.
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