9911796707
TMI Blog2018 (8) TMI 1662X X X X Extracts X X X X X X X X Extracts X X X X ..... templated under Rule 6(3) of CCR, 2004 - Held that:- In various decisions, the Tribunal has held that the said requirement to file a declaration intimating the option excised by the appellant is only a procedural one - demand unjustified - appeal allowed - decided in favor of appellant. - Appeal No. E/380/2011 - Final Order No. 41551/2018 - Dated:- 23-5-2018 - Ms. Sulekha Beevi C.S., Member (Ju ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the value of exempted products under Rule 6(3) of CENVAT Credit Rules, 2004. Show cause notice was issued proposing to demand and recover ₹ 1,00,28,716/- along with interest and also to impose penalty. After due process of law, the adjudicating authority confirmed the demand, interest and also imposed penalties, against which the appellant had filed appeal before the Tribunal and vide Fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rgued by him that the appellant had reversed the credit and this was sufficient intimation to the department that the appellant has opted for reversal of credit and not for payment of 10% / 5% on value of clearances as provided under Rule 6(3) of CCR, 2004. He relied upon the decision in the case of Commissioner of Central Excise, Chennai Vs. ICMC Corporation Ltd. 2015 (315) ELT 388 (Mad.) and s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ised by the appellant is only a procedural one. The Hon ble High Court in the case of ICMC Corporation Ltd. (supra) has held that when the assessee has reversed the proportionate credit, the demand of 8% / 10% of value of clearances cannot sustain. 6. Following the same, we are of the view that the demand is unjustified. The impugned order is set aside and the appeal is allowed with consequenti ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
