9911796707
TMI Blog2022 (4) TMI 423X X X X Extracts X X X X X X X X Extracts X X X X ..... rnatively, once, the appellant have reversed the Cenvat Credit proportionately, they have opted for the reversal of proportionate credit then the Revenue cannot insist for some other option which the appellant has not opted for - As regard, non-filing of the declaration, which is only the procedural requirement. Due to lapse of procedural requirement, substantial benefit of proportionate reversal of Cenvat credit cannot be objected to. From the details asked for in the declaration, it is found that the same is otherwise available with the department, therefore, even if the details were not declared in the prescribed form but the details are otherwise required to be declared in the form are otherwise available with the department, theref ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore, the present appeal filed by the appellant. 2. Shri. Dhaval Shah, Learned Counsel appearing on behalf of the appellant submits that there is no dispute that the appellant have reversed the proportionate credit on due date. Therefore, the situation is, as if no credit was availed right from the date of taking credit. He submits that non filing of declaration is only the procedural lapse which does not involve any Revenue implication therefore, such procedural lapse may be condoned. He placed reliance on the following judgments:- Tata Chemicals Ltd. Vs CCE 2021 (12) TMI 356 Biochem Pharmaceuticals Industries 2021 (10) TMI 1285 CESTAT P B Pharmaceuticals Ltd. 2021 (8) TMI 174 CESTAT Bombay Minerals Ltd. 2014 (311) EL ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 6 is not applicable. Alternatively, once, the appellant have reversed the Cenvat Credit proportionately, they have opted for the reversal of proportionate credit then the Revenue cannot insist for some other option which the appellant has not opted for. As regard, non-filing of the declaration, which is only the procedural requirement. Due to lapse of procedural requirement, substantial benefit of proportionate reversal of Cenvat credit cannot be objected to. Even if I see the declaration, the information asked for in the declaration are as under:- (i) Name, address and registration No. of the manufacturer of goods provider of output service; (ii) Date from which the option under this clause is exercised or proposed to be exercised; ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
