2015 (6) TMI 689

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....se of audit, it was observed that the appellants had manufactured and cleared hand pumps by availing exemption Notification No.10/2003. The appellant was required to maintain separate accounts and should not have taken credit of the duty paid on common inputs and tax paid on input services. The appellant reversed the entire CENVAT credit attributable to the exempted products by calculating proportionate basis before issue of show-cause notice and submitted that they have fulfilled the obligation. However, show-cause notice was issued taking a view that procedure prescribed under the rules were not followed and in accordance with provisions of Rule 6(3)(b) of CENVAT Credit Rules (CCR), 2004, the appellant was required to pay 10% of the value....

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....ed goods with interest. The Commissioner (Appeals) has allowed the appeal filed by the Revenue and therefore the assessee is before the Tribunal. 4. Learned counsel for the appellant reiterated the facts which have been narrated hereinabove and submitted that the stand taken by the Revenue that Additional Commissioner has no power is not correct. In this case, there was no question of Commissioner passing an order since statute did not require the Commissioner to pass an order or indicate acceptance of the amount paid by the assessee as per the provisions of law. Therefore he submits that instead of considering the stay application, the appeal itself can be decided. 5. Learned AR supports the stand taken by the Revenue. 6. I have c....

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....ess of the amount paid within a period of two months from the date of receipt of the application and in case the amount so paid is found to be less than the amount payable, he shall call upon the applicant to pay the differential amount along with interest, which shall be paid within a period of ten days from the date of receipt of the communication from the Commissioner in this regard. 7. It is quite clear from the above section that the assessee is required to file an application along with a Chartered Accountant certificate after making payment of the amount of duty with interest. If the Commissioner finds that the amount paid is not correct, he is required to ensure that the verification is done within two months and the shortfall, i....