2016 (3) TMI 1143

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

..... The fact of the case is that the appellant is engaged in the manufacture of Organic Chemical Viz. Glacial Acetic Acid, Ethyl Acetate. Acetic Anhydride and Piperidine falling under CHS No. 29152100, 29153100, 29152400 and 2933900 of Central Excise Tariff Act, 1985 respectively. The appellant used molasses as an input in the manufacture of Rectified spirit and Extra Neutral Alcohol. Since both the products were exempt, they reversed proportionate Cenvat credit @ Rs. 750/- PMT used in the manufacture of products in question in terms of Rule 6(3)(ii) of the CCR, 2004 during the period April, 2009 to September, 2009. Subsequently, the appellant submitted a refund claim for Rs. 17,29,019/- in terms of Rule 11B on the premise that they had rever....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

..... Mumbai)]. 4. Shri. Ajay Kumar, Ld. Joint Commissioner(A.R.) appearing on behalf of the Revenue reiterates the findings of the impugned order. He further submits that appellant has, on their own opted the option of payment of proportionate Cenvat credit in terms of Rule 6(3)(i) therefore after availing such option now the appellant cannot claim that they were suppose to pay @ 5%/10% in terms of Rule 6(3) (i). As per the explanation 1 to Rule 6(3), it is clearly provided that whichever option is availed by the assessee in particular financial year such option can not be withdrawn during the remaining part of the financial year, therefore after opting for payment of proportionate credit now appellant cannot withdraw this option and claim di....