TaxTMI 
TaxTMI 
2024 (7) TMI 299
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....of biscuits of Britannia industries under the brand names "50-50", "Top", "Marigold", "Thin Arrowroot", etc. The biscuit of MRP of Rs.100 per kg., sold under brand name "50-50", "Marigold", etc., were exempt from duty and biscuits exceeding the MRP of rupees 100 per kg such as "Top", "Thin Arrowroot", etc., were falling under the dutiable category. 3. The appellant was availing CENVAT Credit of duty/taxes paid on inputs and input services as follows: For credits exclusively attributable to dutiable goods - 100% credit taken For credits exclusively attributable to exempted goods - No credit availed For common credits on inputs - Credits attributable to exempted goods is determined on the basis of actual consumption of inputs for exemp....
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....15 15,90,309 11,99,451 3,90,858 TOTAL 46,35,145 31,67,867 14,67,278 GRAND TOTAL (I+II) 67,99,483 46,05,017 21,94,466 TABLE-2 [Order-in-Original dated 26.10.2017] [Amount in Rs.] Sl. No. Nature of credits Total credit availed Total credit reversed Total credit retained I Common Inputs 8,43,662 7,46,877 1,56,377 II Common Input Services 19,34,932 15,76,674 3,58,258 GRAND TOTAL (I+II) 27,88,594 23,23,551 5,14,635 6. It is pertinent to note here that the Appellant was availing credits on net basis, i.e. gross credits net of reversals, in ER-1 returns up to June 2014. However, the availment of credit and reversals were duly shown in RG-23A (Part-II). 7. Pursuant to....
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....re not sustainable against the appellant. To support this contention, he relied on the decision of the Hon'ble High Court of Telangana in the case of M/s. Tiara Advertising v. Union of India [2019 (30) G.S.T.L. 474 (Telangana)]. Therefore, he prayed that impugned orders are to be set aside. 13.1. He also raised certain other issues such as: i. The impugned orders have been passed dehors the facts on records and is therefore liable to be quashed. ii. Rule 6(3) of the CENVAT Credit Rules is not a recovery mechanism, rather it is merely to ensure that the credits attributable to exempted goods are reversed by the assessee. Hence, raising demand which is substantially disproportionate to the credit availed is unjustifiable and beyond the f....