2015 (10) TMI 2078

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....oner (A.R) : For The Respondent ORDER Per : Anil Choudhary The appellant-assessee is in appeal against Order-in-Appeal dt. 31.5.2010 wherein it has been held that although the appellant had reversed the proportionate input credit on the goods, although, taxable cleared without duty under notification the appellant is liable to pay 10% as required under Rule 6(3) of CCR. 2. The brief fa....

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....l before the Commissioner (Appeals), who vide the impugned order have held that it therefore cannot be said that the reversal of credit at the time of clearance would amount to as if credit has not been taken. In the instant case, the appellants were required to maintain separate account for receipt, consumption and inventory of inputs and inputs services on which cenvat credit was availed, which ....

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....o pay the amount of 10% only for the reason that the appellant had not followed the procedure and conditions laid down in sub rule (3A) of Rule 6 of the Cenvat Credit Rules. In view of the substantial compliance made (reversal on inputs duty) only for the procedural lapse of not giving intimation by way of submitting the intimation under Rule 3A, the appellant cannot be visited with an order to pa....

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.... as-the name, address, registration number, number of manufactured goods, date from which the option under the clause is exercised or proposed to be exercised, description of dutiable and exempted output and Cenvat Credit of inputs and input services lying in the balance as on date as exercising the option. I find that this issue is no longer res integra. A Division Bench of this Tribunal in the c....