2019 (2) TMI 402

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....Excise Duty and were availing benefit of CENVAT credit on the inputs, capital goods and input services. The final products manufactured by appellant were also cleared to various organisations of Government of India, without payment of duty by claiming exemption under notification No.10/1997-CE and No. 64/1995-CE. During the course of audit, it was noticed that the respondent had not maintained separate accounts for the inputs and input services utilized for manufacturing exempted goods, accordingly, the revenue authorities felt that respondent is required to pay an amount equivalent to 8% or 10% of the value of the goods cleared by claiming exemption. After recording various statements of the individuals, a show cause notice dated 13.06.200....

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....in the case of Chandrapur Magnet Wires Pvt Ltd is also incorrect as the issue involved in that case is different. 4. Learned counsel appearing for the respondent submits that the issue is no more res integra. By a retrospective amendment, the provisions of Rule 6 (3) were amended which extends an opportunity to the manufacturer of the goods to reverse the amount equivalent to the CENVAT credit attributable to inputs or input services, that for the period prior to 01.04.2008, assessees can do so by producing a Chartered Accountant's Certificate to that extent and should pay off the amount along with interest with six months of enactment. 5. On careful consideration of the submissions made, we find that the demand is for an amount equiv....