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TMI Blog2015 (9) TMI 566X X X X Extracts X X X X X X X X Extracts X X X X ..... month of a Financial Year an amount provisionally on the basis of certain parameters of the preceding Financial Year. At the end of the current Financial Year exact amount of inadmissible Cenvat Credit was required to be worked out and paid before 30th June of the Succeeding Financial Year. - It has thus been correctly observed by the first appellant authority in para-10 of the OIA Dated 10/01/2013 that appellant cannot take the shelter of Rule-6(3A)(e) of the CCR to avoid payment of interest. Once a monthly payment mode is prescribed the same is required to be discharged by the appellant. By not doing so interest is payable from that due date of payment till the amount is paid as per the provisions of Section 11 AB (upto 30/03/2011) or Sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s issued for ₹ 3,44,207 to the appellant under Section 11AB of the Central Excise Act 1944 for not reversing proportionate Cenvat Credit on monthly basis required to be reversed under Rule 6(3A)(b) of CCR. It was the case of the learned Advocate that no interest is payable under Rule-6(3A)(e) and (h) of CCR if the Cenvat Credit proportionate to exempted goods is reversed by 30th June of a particular Financial Year. 2.1) It is also the case of the appellant that demand is issued beyond the normal period of limitation when no extended period has been invoked in the Show Cause Notice. Appellant relied upon the following Case Laws to argue that demand of interest is time barred:- i) CEAT Ltd. Vs. CCE Mumbai-III [2012 ELT 433(Tribun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... equently within the specified due date under Rule-6(3A) of CCR. It is observed from the provisions of Rule-6(3A) of the CCR that in a situation when common inputs are used for making dutiable and exempted Final Products and separate accounts are not maintained, then appellate is required to follow a prescribed procedure. As per this procedure prescribed appellant was required to determine and pay every month of a Financial Year an amount provisionally on the basis of certain parameters of the preceding Financial Year. At the end of the current Financial Year exact amount of inadmissible Cenvat Credit was required to be worked out and paid before 30th June of the Succeeding Financial Year. There are clauses in Rule 6 (3A) to the effect that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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