2012 (4) TMI 513

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....ground that the applicants were availing input service credit in respect of common input services and the same were used in the manufacture of excisable as well as exempted goods during the period from March, 2005 to November, 2008. 3. The contention of the applicant is that provisions of Rule 6 were retrospectively amended by Section 73 of the Finance Act, 2010 and as per the provisions of retrospective amendment, in case where the manufacturer is availing credit in respect of the common inputs common input services and the same are being used in exempted as well as excisable goods, the manufacturer has to reverse the credit attributed to the exempted goods and for the past period an option was given to file a declaration reversing the ....

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....sioner of Central Excise can direct the applicant to pay the differential amount which was to be paid within 10 days from the date of communication from the Commissioner of Central Excise in this regard. 6. The contention of the applicant is that the Commissioner of Central Excise rejected their declaration without calling upon the applicant to make the case justified. Consequently the Commissioner of Central Excise also confirmed the demand in view of the provisions of Rule 6(3)(b) in respect of the show cause notice already issued. 7. The contention is that the rejection of the declaration filed under Section 73 of the Finance Act is not sustainable as the Commissioner of Central Excise has no power to reject the declaration. The Co....

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.... the reversal of credit along with interest attributable to the credit in respect of inputs used in the manufacture of the exempted goods. The applicant filed necessary declaration and reversed the credit of Rs. 2,91,696/- along with interest. The Commissioner of Central Excise has to, on receipt of an application under sub-section (2), verify the correctness of the amount paid within a period of two months from the date of receipt of the declaration and in case the amount so paid is found to be less than the amount payable, the Commissioner has to call upon the applicant to pay the differential amount along with interest, which shall be paid within a period ten days from the date of receipt of the communication from the Commissioner in thi....