9911796707
TMI Blog2024 (6) TMI 296X X X X Extracts X X X X X X X X Extracts X X X X ..... , the appellant have been reversing the proportionate credit in terms of Rule 6(3A) of Cenvat Credit Rules, 2004 and also paid the interest in case of delay and the same was intimated to the department vide their letter dated 16.01.2012. 2. Shri Rajesh Nathan, Assistant Commissioner(AR) appearing on behalf of the Revenue appellant, submits that since the appellant have not maintained the separate record, they are liable to pay 5% / 10% of the value of the exempted goods. 3. Shri Mehul Jivani, Learned Chartered Accountant, appearing on behalf of the respondent assessee at the outset submits that since the issue in the appellant's own case is settled by this Tribunal vide order No. A/10312/2022 dated 05/04/2022. following the said order, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ufacture of pharmaceutical goods, some of the products are exempted. Initially they have availed the Cenvat Credit in respect of all the inputs and input services commonly which have been used in the manufacture of dutiable and exempted goods. The appellant subsequently cenvat credit attributed to the exempted goods along with payment of reversed. The case of the department is that since the appellant have not filed a declaration for opting of proportionate reversal of credit, they are required to pay 5%/10% of the value of the exempted goods, accordingly, the demand was confirmed. The adjudicating authority has dropped the demand on the ground that the appellant have reversed the proportionate Cenvat Credit along with interest. The Revenue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar.) 3. Shri. Prakash Kumar Singh, Learned Superintendent (Authorized Representative) appearing on behalf of the Revenue reiterates the finding of the impugned order. He submits that for proportionate credit, it is a mandatory requirement that the appellant should opt for the said provision in writing by filing a declaration which they failed to do so, therefore, the option of proportionate credit is not available to the appellant and Learned Commissioner (Appeals) has rightly held that the appellant is liable to pay 5%/10% of the value of the exempted goods. He placed reliance in the case Nicholas Piramal India Ltd.-2009 (244) ELT 321 (Bom.) and Ambay Cements reported at-2004 (178) ELT 25 (S.C.) 4. I have carefully considered the submi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iable goods or taxable servicers; (iv) Description of exempted goods or exempted services; (v) CENVAT credit of inputs and input services lying in balance as on the date of exercising the option under this condition. 5. From the details asked for in the declaration 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, available with the department, mere non filing of declaration cannot be the reason that the appellant's option for the proportionate reversal is not there. The judgement cited by the appellants are directly applicable to the facts of the present case. Accordingly, I am of the view that the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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