9911796707
TMI Blog2013 (9) TMI 183X X X X Extracts X X X X X X X X Extracts X X X X ..... etrospective effect vide Section 144 of the Finance Act, 2012 with effect from 10/02/2006 to 28/02/2011 - there was no need for the assessee to reverse any credit taken on the inputs/input services in respect of which credit was availed for rendering of output services to SEZ units/SEZ developer - adjudicating authority has completely failed to examine the claim of the appellant – as decided in Repro India Ltd., Vs. UOI,( 2007 (12) TMI 209 - BOMBAY HIGH COURT) – appeal decided in the favour of assessee. - ST/646/12 - A/371/13/CSTB/C-I - Dated:- 7-1-2013 - P R Chandrasekharan And Anil Choudhary, JJ. For the Appellants : Shri V Sridharan, Sr. Adv. with Shri Vinay Jain, CA For the Respondent : Shri Rakesh Goyal, Addl. Comm. (AR) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e effect vide Section 144 of the Finance Act, 2012 with effect from 10/02/2006 to 28/02/2011. Therefore, in terms of the amended Rule 6 they are not required to reverse any CENVAT Credit in respect of inputs and input services availed in rendering of the output services rendered to SEZ. However, the adjudicating authority did not consider this plea and confirmed the demand along with interest thereon and also imposed penalty of an equivalent amount under Section 78 ibid. Hence, the appellant is before us. 3. The Ld. Counsel for the appellant submits that during the period April 2008 to September 2009 they had rendered services to SEZ units amounting to Rs.23,67,08,732/-. In their half yearly returns filed with the department during the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ute in this case that during the period April 2008 to March 2010, the appellant had rendered services to SEZ unit/SEZ Developers and had also taken CENVAT credit on the inputs/input services used in the provisions of output services. These details of such services rendered to SEZ units/developers were reflected in the half yearly ST-3 returns filed by the appellants. Vide Notification No.3/2011 dated 01/03/2011, the CENVAT Credit Rules, 2004, were amended so as to provide that there is no need to reverse any CENVAT credit taken on inputs/input services if such inputs/input services were used in rendering of output services to SEZ unit/SEZ developer. Further, vide Section 144 of the Finance Act, 2012, the said amendment was given retrospecti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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