2013 (12) TMI 1223

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....ation filed by the appellant seeks waiver and stay in respect of the adjudged dues which include an amount of Rs.17,15,577/- demanded for the period from July 2005 to March 2010 on the ground that the appellant, during the said period, cleared both dutiable and exempted final products without maintaining separate accounts in respect of common input services used in relation to the manufacture of t....

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.... not stipulate any formula or other basis for reversal of inadmissible CENVAT credit and hence the appellant could not do anything about it. It is further submitted that the appellant also could not take steps for claiming the benefit of Section 73(1) of the Finance Act 2010. The learned counsel has also submitted that a major part of the impugned demand is beyond the normal period. It is submitte....

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....sions, we are not impressed with the plea of prima facie case for the period from 1.4.2008, the amended provisions of Ruel-6 enabled the appellant to calculate the quantum of inadmissible CENVAT credit taken on the common input services and reverse it so as to avert a demand under Rule 6(3) of the CENVAT Credit Rules 2004. The provisions prescribed a time limited for this, but the assessee did not....