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TMI Blog2018 (8) TMI 559X X X X Extracts X X X X X X X X Extracts X X X X ..... availed. If that be so the question of payment of any amounts on the final exempted service does not arise at all - thus, only the Cenvat credit in respect of input services relatable to their uses in the exempted services is required to be reversed on proportionate basis - matter remanded for calculation of the credit to be reversed by the assessee. Penalty - Held that:- There being a bona fide issue of interpretation of legal provisions as also for appreciating the fact that the credit was availed by reflecting the same in the statutory records, the penalty is set aside. Appeal allowed by way of remand. - ST/52892/2014-CU[DB] - FINAL ORDER NO. - 71797/2018 - Dated:- 2-8-2018 - Mrs. Archana Wadhwa, Member (Judicial) and Mr. Anil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... against the appellant under Rule 6(3)(ii) alongwith interest thereon under Section 75 of Finance Act, 1994. Besides that, he also imposed penalty under Rule 15(3) of the Cenvat Credit Rules read with Section 78 of the Finance Act, 1994. Against this order of the Commissioner, this appeal has been filed. 2. Heard both the sides duly represented by Shri T. R. Rustagi learned advocate and Shri Pawan Kumar Singh learned A.R. for Revenue. 3. Shri T. R. Rustagi, Advocate, learned counsel for the appellant, pleaded that during the period of dispute, Rule 6(3) of the Cenvat Credit Rules, 2004 had been amended to provide an additional option to a manufacturer/service provider to reverse the actual Cenvat credit in respect of input/input servi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... used in the manufacture of dutiable as well as exempted final services. It is his contention that the reversal is required to be done proportionately only in respect of those input services, which are relatable to the exempted services. As such, he prays for remanding the matter to the Lower Authorities for calculation of Cenvat credit required to be reversed by them. 5. Shri Pawan Kumar Singh learned A.R. appears for the Revenue and submits that inasmuch as the appellant have utilized common input services for taxable as well exempted services, they are required to pay an amount equal to 8%/6% of the value of the exempted services. Accordingly, he prays for rejection of the appeal. 6. After appreciating the submission made by both s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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