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TMI Blog2015 (10) TMI 2078X X X X Extracts X X X X X X X X Extracts X X X X ..... see giving details as-the name, address, registration number, number of manufactured goods, date from which the option under the clause is exercised or proposed to be exercised, description of dutiable and exempted output and Cenvat Credit of inputs and input services lying in the balance as on date as exercising the option. Only for the reason of non-filing or delayed filing of intimation under sub-rule (3A), as assessee cannot be required to pay the fix percentage by way of reversal under Rule 6(3), where the assessee have paid the amount by way of reversal which amounts to substantial compliance. It is further admitted fact that the assessee has intimated the fact of reversal by making categorical mention in the ER-1 returns. I hold ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, 2004. 3. The revenue preferred an appeal before the Commissioner (Appeals), who vide the impugned order have held that it therefore cannot be said that the reversal of credit at the time of clearance would amount to as if credit has not been taken. In the instant case, the appellants were required to maintain separate account for receipt, consumption and inventory of inputs and inputs services on which cenvat credit was availed, which they have failed to do. Records of the appeal do not show the appellants having opted to pay duty (by way of reversal) under Rule 6(3A) of the Cenvat Credit Rules which was introduced from 1.4.2008. As such they are required to pay duty under rule 6(3) of the Cenvat Credit Rules. Accordingly, the appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate amount attributable to the inputs consumed in the manufacture and clearance of goods without payment of duty. Further sub-rule (3A) provides for filing of an intimation by the assessee giving details as-the name, address, registration number, number of manufactured goods, date from which the option under the clause is exercised or proposed to be exercised, description of dutiable and exempted output and Cenvat Credit of inputs and input services lying in the balance as on date as exercising the option. I find that this issue is no longer res integra. A Division Bench of this Tribunal in the case of Mercedes Benz India Pvt. Ltd. Vs. Commissioner of Central Excise 2014 (36) S.T.R. 704 (Tri. - Mumbai) have held that only for the reason of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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