2012 (8) TMI 3

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....ioner (A.R)   Per : S.S.Kang   Heard both sides.   2. The appellant filed this application for waiver of pre-deposit of duty of Rs.3,24,61,073/-, interest and penalty. The demand is confirmed in view of the unamended provisions of Rule 6 of the CENVAT Credit Rules 2004 on the ground that applicants were availing credit in respect of the duty paid on inputs used in or in rel....

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.... 3rd August 2006 in respect of the input services used in or in relation to the exempted goods in view of the retrospective amendment of the CENVAT Credit Rules. The contention of applicant the demand is not sustainable.   4. The Revenue reiterates the finding of the adjudicating authority and relied upon the decision of Hon ble Bombay High Court in the case of Commissioner of Central Exci....

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....ions provided the said amendment are reproduced below :   Sr. No. Provisions of Cenvat Credit Rules, 2004 to be amended Amendment Period of effect of amendment (1) (2) (3) Rule 6 of the Cenvat Credit Rules, 2004 as published vide Notification No. G.S.R. 600 (E), dated the 10th September, 2004 [23/2004-C.E.(N.T.),dated the 10th September, 2004] In the Cenvat Credit Rule....

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....t 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 ....