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TMI Blog2017 (8) TMI 397X X X X Extracts X X X X X X X X Extracts X X X X ..... ts. During the course of audit of the records in the factory of the appellant, it was observed by the Department that the appellant had used cenvatable inputs in processing of oil, and that during the course of processing of oil, some by-products namely, Soya Lecithin, Oil Sludge, Acid Oil and D.O. Desilete are generated, which are exempted from payment of duty by virtue of Notification No.115/75-CE dated 30.04.1975. It was further observed that the appellant had not maintained separate accounts in respect of the quantity of inputs used in manufacturing dutiable and exempted goods. Accordingly, the Department entertained the view that the appellant was required to pay an amount equal to 8%/10% of sale price of the said products during the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rude oil, before it is sent to the refinery for manufacturing refined oil, is heated at 65-70 degree centigrade and water to the extent of 2.5-3% is added to it. After giving retention for 25-30 minutes, the oil is centrifuged in centrifuge to separate the gums. These gums contain 40% moisture. These are dried in vacuum dryer, then are further cooled and the same is called Soya Lecithin. No input/chemical is used in the said Soya Lecithin. (iii) Acid Oil While refining of oil, soap stock emerges, which is nothing but waste. The said soap stock is further used to get Acid Oil, which is exempted from duty in terms of Notification No. 115/75-CE dt. 30.04.1975. (iv) D.O. Deslete What ever inputs were used in this by-product, cenvat credit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 005, the ld. Advocate submitted that the appellant had reversed/paid the entire Cenvat Credit availed in respect of the inputs used in manufacture of both exempted and dutiable goods and also exercised the option for such payment in terms of the budget amendment, by filing the application before the Central Excise Authorities. He further submitted that denial of the benefits in terms of Section 73 of the Finance Act, 2010 on the ground of time bar is not proper and justified. In this regard, he placed reliance on the decision of this Tribunal in the case of Bhingar Urban Co-Op. Bank Ltd. Vs. CCE - 2016 (41) STR 673 (Tri.- Mumbai). 3. On the other hand, the ld. DR appearing for the Revenue reiterated the findings recorded in the impugned o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dropped. Thus, the present confirmed demand upheld in the impugned order for the period 01.03.2003 to 31.03.2004 is not sustainable, since the issue has already been settled by the Commissioner vide order dated 23.04.2012. 7. With regard to the demand confirmed against the appellant for the period April 2004 to February 2005, I find that the Jurisdictional Commissioner has not accepted the application filed by the appellant in terms of Section 73 of Finance Act, 2010 holding that the same is time barred. On perusal of amended Rule 6 read with Section 72/ 73 of the Finance Act, 2010, it transpires that the substantial requirement of amendment contained therein is that the assessee should pay Cenvat Credit amount with 24% interest, which in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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