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TMI Blog2024 (9) TMI 382X X X X Extracts X X X X X X X X Extracts X X X X ..... ring of exempted service for the period 1st April 2009 to 31st March 2013 - HELD THAT:- The impugned order is woefully inadequate in not having examined the facts in the notice for veracity in the light of submissions of the noticee. Furthermore, as has been pointed out by Learned Chartered Accountant, it has been held by the Tribunal in M/S. ACCURA VALVES PVT. LTD. VERSUS CCGST CE, NASHIK [ 2018 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... TECHNICAL) AND MR AJAY SHARMA, MEMBER (JUDICIAL) Shri Mehul Jivani, Chartered Accountant for the appellant Shri Mahesh Yashwant Patil, Joint Commissioner (AR) for the respondent ORDER M/s Ciron Drugs Pharmaceuticals Pvt Ltd was proceeded against for recovery of ₹ 4,49,13,262 attributable to non-entitled CENVAT credit by non-maintenance of separate accounts of inputs and input services used f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alternative in rule 6(3A) of CENVAT Credit Rules, 2004, reversal to the extent prescribed in rule 6(3) is mandated. He further relied upon certain judgments to conclude that the proposal in the show cause notice was appropriate and that the extended period could be invoked. Consequently, he confirmed the demand under section 11A of Central Excise Act, 1944, along with applicable interest under sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... so pointed out by him that in their own earlier dispute, the Tribunal, in Commissioner of Central Excise, Thane II v. Ciron Drugs Pharma P Ltd [2016-TIOL-1415-CESTAT-MUM], had accepted the plea of proportionate credit reversal as sufficient compliance of rule 6(3) of CENVAT Credit Rules, 2004. 5. It is now settled law that reversal of credit proportionate to that borne by the value of exempted goo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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