Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2021 (4) TMI 512

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... al basis month wise and also final payment on the completion of the financial year - Rule 6(3) of CCR - HELD THAT:- There is indeed serious error in calculation of the amount to be paid under Rule 6(3). As regard the terms total Cenvat Credit to be considered for the formula as provided under Rule 6 (3A) - It also appears that there is a duplication of demand in as much as Show Cause Notice iss .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... /11300-11307/2021 - Dated:- 31-3-2021 - HON'BLE MEMBER (JUDICIAL), MR. RAMESH NAIR AND HON'BLE MEMBER (TECHNICAL), MR. RAJU Shri Vipin Jain, Shri Vishal Agrawal, Shri Roshil Nichani, Mrs. Dimple Gohil, Advocates for the Appellants Shri Ghanshyam Soni, Joint Commissioner (Authorised representative) for the Respondents ORDER RAMESH NAIR In all these appeals the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... well as on the yearly reversal. Therefore, there is a duplication of demand. It is also their submission that for the purpose of calculating, the revenue has taken total Cenvat Credit which includes the credit exclusively used for dutiable goods/taxable service. It is not correct as only common input/input service credit which were used commonly in dutiable/taxable goods/service should be taken th .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e is used commonly in dutiable/taxable and exempted goods/services. 4.1 We prima facie find that there is indeed serious error in calculation of the amount to be paid under Rule 6(3). As regard the terms total Cenvat Credit to be considered for the formula as provided under Rule 6 (3A), the various judgments were cited by the learned counsel. It also appears that there is a duplication of dem .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates