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TMI Blog2018 (3) TMI 745X X X X Extracts X X X X X X X X Extracts X X X X ..... no. CD/535/Bel/2015 dated 4th June 2015 of Commissioner of Central Excise (Appeals), Mumbai II for having set aside the demand confirmed by the original authority. The issue pertains to demand of 10% of value of the goods cleared to the developer of a Special Economic Zone (SEZ) by invoking of rule 6(3) read with rule 14 of CENVAT Credit Rules, 2004 for non-maintenance of separate records of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... les, 2004. According to the lower authorities, the requirement to maintain separate records of input/input services used in common for supplies to developers of Special Economic Zones and other customer is mandatory. The exclusion provision in rule 6 of CENVAT Credit Rules 2004 is restricted to goods that are cleared for export or such as are deemed to have been exported under the Foreign Trade Po ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecluded the invoking of the extended period of limitation. The ingredients for the extended period of limitation are the same as that justifying the invoking of section 11AC of Central Excise Act, 1944. Accordingly, appellate authority cannot be faulted for having set aside the penalty. 6. For the above reason, appeal of Revenue is without any merit and is dismissed. (Operative part of the order ..... X X X X Extracts X X X X X X X X Extracts X X X X
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