2022 (1) TMI 203

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.... Christian, Advocate for the Appellant Shri. Ghanshyam Soni, Joint Commissioner (Authorized Representative) for the Respondent ORDER In both the appeals a common issue is involved therefore, both appeals are taken together for disposal. 1.1 The brief facts of the case are that the appellants are engaged in the manufacture of Texturized Yarn. They made few clearances of goods on payment....

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....6%) under Rules 6 (3) of the Cenvat Credit Rules, 2004. 1.2 Similarly, in the case of Kejariwal Industries Pvt Ltd. during period from April-2016 to June-2017, they had availed Cenvat credit amounting to Rs. 23,43,79,087/- and made payment of amount of Rs. 16,46,40,356/- (at the rate of 6%) under Rule 6 (3) Cenvat Credit Rules, 2004. They have also availed the benefit of notification No. 30/200....

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.... Notification No. 30/2004-CE dated 09.07.2004 and consequent demand of duty, it was also proposed to demand interest, and to impose penalty and appropriate 6% amount paid by the appellant. The said SCN were adjudicated whereby proposals of demand made in the show cause notice was confirmed. Therefore, the present appeals filed by the appellant. 2. Shri. Willingdon Christian, Learned Counsel app....

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....g to which even if the Cenvat credit is availed and reversal of an amount at the rate of 6% is made it will amount to non availment of Cenvat credit and the condition of the notification stands complied with. We find that the adjudicating authority has not touched upon rule 6(3D) of the Cenvat Credit Rules,2004 while deciding the eligibility of the exemption notification no. 30/2004-CE dated 09.07....