2018 (11) TMI 418

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....nput output ratio for the earlier period, there is some shortage of inputs, therefore, it is alleged that these inputs has been cleared as such and no cenvat credit has been reversed thereon, during the period 23.12.2010 to 10.10.2011, therefore, it was alleged that the cenvat credit is recoverable from the appellant in terms of Rule 14 of the Cenvat Credit Rules, 2004 which came into force w.e.f. 01.03.2013 by way of Notification No. 3/2013-CE-NT dated 01.03.2013. The show cause notice was issued to the appellant for recovery of the said amount under Rule 14 of Cenvat Credit Rules, 2004, and the matter was adjudicated and demand on account of reversal of cenvat credit in terms of Rule 3(5) of the Rules was confirmed and penalty was also im....

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.... reported in 1995 (77) ELT 785 (SC), the recovery procedure was available in terms of Rule 14 of the cenvat Credit Rules, 2004, as per the explanation dated 01.03.2013 is only explanatory and not a substantial change of law. In that circumstances, the demand against the appellant has rightly raised. 6. Heard the parties and considered submissions. 7. On careful consideration of submissions made by both sides, I find that Rule 3(5) of the Cenvat Credit Rules, 2004 which reveals the situation is extracted here below: "(5) when inputs or capital goods, on which cenvat credit has been taken, are removed as such from the factory, or premises of the provider of output service, the manufacturer of the final products or provider of output servic....