2013 (4) TMI 221

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....ods and availed Cenvat facility for payment of duty. During the course of audit of their records, it was noticed that the appellant did not maintain separate accounts as required under Rule 6 (2) of the Cenvat Credit Rules, 2004 in respect of common inputs service used in the manufacture of exempted products as well as dutiable products. Therefore, two show-cause notices both dated 28/09/2009, were issued for recovery of a sum of Rs, 7,77,691/- equivalent to 10% of the total price of the exempted goods under Rule 6 (3) of the Cenvat Credit Rules, 2004 along with interest thereon under Rule 14 of the Cenvat Credit Rules, 2004 read with Section 11AB of Central Excise Act, 1944. The notice also proposed imposition of penalty under Section 15(3....

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....vat credit of the service tax paid on input services both in respect of dutiable as well as exempted goods and has not maintained separate records. Even after the retrospective amendment to the Cenvat credit Rules by Finance Act, 2010, the appellant neither made an application for reversal of proportionate credit nor reversed the proportionate credit which should have been done with six months from the date of enactment of Finance Act, 2010. In view of the above position, the appellant cannot now plead that they would reverse the proportionate Cenvat Credit. 5. I have carefully considered the rival submissions. 5.1 After hearing the arguments, I am of the view that the appeal itself can be disposed of at this stage. Accordingly, after all....

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.... nor have they sought to regularize the same even after the enactment of Finance Act, 2010 within the time period stipulated therein. Section 69 of the Finance Act, 2010 specifically provided that the person who was availed the credit wrongly, should opt for the facility specified therein and make an application to the Commissioner of Central Excise along with documentary evidence and a certificate from a Chartered Accountant or Cost Accountant certifying the input credit attributable to the inputs used in or in relation to the manufacture of final products, which are exempted from the whole of the duty of excise leviable thereon or chargeable to nil rate of duty within a period of six months from the date on which the Finance Bill 2010 rec....