TaxTMI 
TaxTMI 
2016 (5) TMI 563
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....er to decide the issue after taking into consideration a letter of the assesseeappellant dated 4th November, 2010, and relevant provisions of the Finance Act No.10. 2. The argument of the learned counsel appearing on behalf of the appellant-assessee is that this appeal raises substantial questions of law. The learned counsel for the appellants would submit that the appellant-assessee was engaged in the manufacture of industrial boilers. Amongst other type of boilers, they are also manufacturing Agro waste fired boilers. These Agro waste fired boilers are exempt from payment of central excise duty under Notification No.6 of 2002 of the Central Excise dated 1st March, 2006 in terms of Sr. No. 237 of the table to the Notification read with ....
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....rs-in-original and one order in appeal. 5. The Tribunal found from the rival contentions that during the course of the pendency of the proceedings before the Tribunal certain amendments were made to section 73 of the Finance Act , 2010 and in pursuance thereof, the proportionate credit was claimed to be reversed as envisaged in the said section. A letter was filed to that effect on 4th November, 2010, with the Commissioner, Pune-I, which was received on 8th November, 2010. However, no communication has been received from the Commissioner and it is, therefore, presumed that the reversal made is as per law and nothing survives thereafter. 6. The Tribunal found that the law relating to reversal of the credit underwent changes after passi....
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....is only an intimation of the reversal of CENVAT credit in terms of clause / section 73 of the Finance Act of 2010 as it retrospectively amends Rule 6 of the CENVAT Credit Rules, 2003. He has given an explanation why the assessee's letter was not processed by the department. 9. We have seen a copy of that letter which is at page 74 of the paper-book. That letter of 4th November, 2010, to the Commissioner, Central Excise and Customs, Pune-I Commissionerate by the assessee refers to the issue, then bifurcates the first matter and the second matter, then makes the calculation for March, 2006 and for April, 2006 to September, 2006, then states that total reversal for the period March, 2006 to September, 2006, is Rs. 2,72,482/- whereas the....
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....to input services used in the manufacture of exempted goods after the clearance of the goods along with interest. Surprisingly the bracketed portion of this sentence states "subject to your approval for adjustment of interest liability from the excess payment". Then, there are certain documents referred to including the statement of accounts, the CENVAT Register and the Chartered Accountant's certificate. 12. We do not feel that the Tribunal's order remanding the case back to the Commissioner, therefore, raises any substantial question of law. It is in the backdrop of the peculiar facts and circumstances and whether there is complete compliance of the terms and conditions of the provisions so as to give any benefit of the retrosp....