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TMI Blog2022 (4) TMI 475X X X X Extracts X X X X X X X X Extracts X X X X ..... te that the appellant have admittedly reversed the proportionate credit and in respect of delay, they have also paid interest. Therefore, in my view as held by the Hon ble Supreme Court in the case of CHANDRAPUR MAGNET WIRES (P) LTD. VERSUS COLLECTOR OF C. EXCISE, NAGPUR [ 1995 (12) TMI 72 - SUPREME COURT] , reversal of Cenvat Credit along with interest shall amount to non-availment of Cenvat Credit, if this be so, then Rule 6 is not applicable. The appellant has rightly reversed the proportionate credit along with payment of interest. Hence, no further payment can be demanded from the appellant - Appeal allowed - decided in favor of appellant. - Excise Appeal No. 12067 of 2019 - A/10312/2022 - Dated:- 5-4-2022 - MR. RAMESH NAIR, MEM ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oportionate credit and for delay they have also paid interest. 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 should be condoned. He placed reliance on the following judgments:- Mercedes Benz India (P) Ltd. 2015 (40) STR 381 (T. Mum.) Bhingar Urban Co-op Bank Ltd. 2016 (41) STR 673 (T.Mum.) Nagar Urban Co-op Bank Ltd. 2018 (3) TMI 273 (T. Mum.) Alstom T. and D. India Ltd. 2018 (9)TMI 1671 (T. Mum.) Rajdeep Palstics Containers (I) P.Ltd. 2017 (11) TMI 338 (T. Del.) Aster Pvt. Ltd. 2016 (43) STR 411 (T. Hyd.) Ciron Frugs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Supreme Court in the case of Chandrapur Magnet Wires (P) Ltd. 1996 (81) ELT 3 (SC), reversal of Cenvat Credit along with interest shall amount to non-availment of Cenvat Credit, if this be so, then Rule-6 is not applicable. Alternatively, once, the appellant have reversed the Cenvat Credit proportionately along with interest, 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 the declaration, it 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 we see the declaration, the information asked for in the de ..... X X X X Extracts X X X X X X X X Extracts X X X X
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