2018 (7) TMI 1787

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....cal) Shri Pawan Kumar Singh (Supdt.) AR for Appellant Shri Rakshit Verma (Advocate) for Respondent ORDER Per: Anil G. Shakkarwar The present appeal is arising out of Order-in-Original No.22/COMMR./ST/GZB/2013-14 dated 28/02/2014 passed by Customs, Central Excise & Service Tax, Ghaziabad. 2. The brief facts of the case are that the respondents were registered for providing taxable....

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....on of adjustment of payment of attributable Cenvat credit is not available to the respondent and therefore, under the provisions of Rule 6(3) respondent were required to pay amount equivalent to 6% value of the traded goods. Therefore, through show cause notice dated 23/04/2013 the demand of amount of Rs. 1,23,27,085/- was raised. Respondent submitted their reply to show cause notice which was con....

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....spondent correctly calculated and reversed the amount for the period from April, 2011 to March, 2012. The Original Authority held that the respondent had rightly availed the facility under Rule 6(3)(ii) of Cenvat Credit Rules, and dropped the proposal for demand of recovery of Rs. 1,23,27,085/-. Aggrieved by the said order, Revenue is before this Tribunal. 3. The only ground raised by Revenue i....

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....ercised" was required to be intimated. Therefore, it can be interpreted that first the option is exercised and subsequently it is intimated or it can also be intimated before exercising the option and that it is nowhere provided under the rules that option is to be exercised within 15 days from the date of adjustment. He further submitted that the crux of the substantive provision is that the Cenv....