TaxTMI 
TaxTMI 
2016 (11) TMI 1226
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....lling under chapter 25 of the First Schedule to the Central Excise Tariff Act, 1985. The appellant had availed cenvat credit on input, capital goods and input services. 3. The first dispute is pertaining to cenvat credit of Rs. 5,18,98,485/- on inputs and capital goods which was denied by the lower authority. Ld. Counsel for the appellant submits that substantial credit was taken out of total credit in the first year itself as per Rule 4(2)(a) of the Cenvat Credit Rules, 2004. The cenvat credit is allowed @ 50% in the first year and remaining in the second year. But the assessee has wrongly availed 100% credit in the first year itself. The assessee submitted that cenvat credit which was availed was not utilised so no interest can be paid....
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.... and penalty, the Commissioner shall provide an opportunity of hearing to the appellant as per law. Ld. Counsel has assured that full cooperation will be extended to the adjudicating authority. 4. The next issue is pertaining to the credit amounting to Rs. 2,73,450/- availed on invoices not issued in the name of appellant. After hearing both sides and on perusal of the record, it appears that the invoices were inadvertently issued in the name of M/s India Cement which was the holding company of the appellant. The said mistake was not rectified by the appellant. However, ECC code and address of the appellant was mentioned on the invoices. Ld. Counsel submits that this is a procedural lapse. The Counsel of the appellant relied in the case ....
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.... case as his case is falling under Rule 2(a)(A)(iii) of the Cenvat Credit Rules (CCR), which relates to the component, spares and accessories of the goods specified at 2(a)(A) (i) and (ii) of the CCR. 6.1 After hearing the parties and on perusal of the record, it appears that the utilisation of the item in the factory is not clearly reflected in the impugned order. The position in the impugned order pertaining to the utilisation of the items is not clear; when it is so, we set-aside the impugned order and remand the matter to the adjudicating authority to decide the issue in denovo proceeding after providing an opportunity of hearing to the appellant. 7 The next issue pertains to the total cenvat credit amounting to Rs. 3,95,10,036/-,....
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....t in the Amending Act that amendment made in Explanation 2 was clarificatory in nature. Wherever the Legislature wants to clarify the provision, it clearly mentions intention in the notification itself and seeks to clarify existing provision. Even, if the new provision is added then it will be new amendment and cannot be treated to be clarification of particular thing or goods and / or input and as such, the amendment could operate only prospectively. In our opinion, the view taken by the Tribunal is based on conjectures and surmises as the Larger Bench of the Tribunal used the expression that intention behind amendment was to clarify. The coverage under the input from where this intention has been gathered by the Tribunal has not been ment....