Rectification of CENVAT interest computation rejected where the earlier order already applied the amendment's effective date.

Rectification under the CENVAT Credit rules was refused because no apparent mistake was found in the earlier computation of interest on delayed reversal of credit. The Tribunal noted that the prior order had applied the effective date of the CENVAT Credit (Third Amendment) Rules, 2012, as brought into force by Notification No. 18/2012-CE (N.T.) dated 17.03.2012, and had therefore treated credit availed up to 31.03.2012 as liable to interest. A rectification application could not be used to reopen that merits determination, so the miscellaneous application was dismissed.

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Issues: Whether there was any apparent mistake in the earlier order warranting rectification, particularly on the period upto which interest on delayed reversal of CENVAT credit was to be computed.

Analysis: The Tribunal noted that the earlier order had taken into account the effective date of the CENVAT Credit (Third Amendment) Rules, 2012 as brought into force by Notification No. 18/2012-CE (N.T.) dated 17.03.2012. On that basis, it had already held that interest was chargeable on credit availed upto 31.03.2012. Since the computation adopted in the earlier order followed the effective date of the amendment, no apparent mistake was found on the face of the record. Such an application for rectification could not be used to reopen the merits of that determination.

Conclusion: No rectifiable mistake was found, and the miscellaneous application was dismissed.

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