TaxTMI 
TaxTMI 
2011 (1) TMI 987
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....ce which have gone to manufacture of dutiable as well as non-dutiable final products. 2. After hearing both sides for some time on the stay applications, it is seen that the issue involved is in narrow compass. Hence, the applications for waiver of pre-deposit of the amounts are allowed and the appeals are taken up for disposal with the consent of both the sides. 3. We find that by an amendment inserted through Section 73 of the Finance Act, 2010 the CENVAT Credit Rules, 2004 are being amended such as :- Amendment of rule?6 of CENVAT Credit Rules, 2004. 73. (1) In the CENVAT Credit Rules, 2004, made by the Central Government in exercise of the powers conferred by section 37 of the Central Excise Act, as published in ....
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.... of the communication from the Commissioner in this regard. Notwithstanding anything contained in any judgment, decree?(4) or order of any court, tribunal or other authority, any action taken or anything done or purported to have been taken or done, at any time during the period commencing on and from the 10th day of September, 2004 and ending with the 31st day of March, 2008, relating to the provisions as amended by sub-section (1), shall be deemed to be and deemed always to have been, for all purposes, as validly and effectively taken or done as if the amendment made by sub-section (1) had been in force at all material times. For the purposes of sub-section (1), the Central?(5) Government shall have and shall be deemed to ....
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....nufacturing final products which are chargeable to duty and also other final products which are exempted goods, may pay an amount equivalent to CENVAT credit attributable to the inputs or input services used in, or in relation to the manufacture of, exempted goods before or after the clearance of such goods : Provided that the manufacturer shall pay interest at the rate of twenty-four per cent. per annum from the due date till the date of payment of the said amount. Explanation. For the purpose of this sub-rule, due date means the 5th day of the month following the month in which goods have been cleared from the factory. . 10th day of September, 2004 to the 31st day of March, 2008 (both days inclusive). 4. On going thro....