TaxTMI 
TaxTMI 
2023 (4) TMI 1389
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....he decision held as follows: 'In the Show Cause Notice F.No. V (84&85)15-69/Adj/Commr/16-17 dated 28.04.2016: (i) Cenvat credit of Rs. 5,98,09,007/- (Rs Five Crore Ninety Eight Lakh Nine Thousand Seven only short reversed by LG Electronics India Pvt. Ltd, under Rule 6(3A) of the Cenvat Credit Rules, 2004 for the period 2011-12 to 2014-15, as shown in Annexure-A to the Show Cause Notice is liable to recovered under Rule 14 of the Cenvat Credit Rules, 2004 read with proviso to Section 114(1)/ 11A(4) of the Central Excise Act 1944. I accordingly order for its recovery. (ii) The demand for recovery of Cenvat credit for Rs. 14,12,936/- is dropped as the same is held at admissible. (iii) In the Statement of Dem....
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....ctronics India Pvt. Ltd under the said provisions for SOD F.No. V (84&85)15- 72/Adj/ADC/16-17 dated 06.05.2016. As regards the individual culpability of company officials against the roles played by them in the case. and as discussed in the "Findings (Para 19)" above, I hold that penalty is liable to be imposed on Shri Rajhkumar Jain, GM-Finance & Taxation, LG Electronics India Pvt. Ltd. i.e Noticee No 2 and Ajay Jain, Manager (Commercial & Excise), LG Electronics India Pvt. Ltd i.e Noticee No.3 under the provisions of Rule 15(1) of the Cenvat Credit Rules, 2004 read with Rule 26(1) of the Central Excise Rules, 2002. Accordingly, (i) I impose Personal Penalty of Rs 5,98,000/- (Rupees Five Lakh and Ninety Eight Thousand onl....
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....ach unit of L.G. India. Thus, the appellant is also engaged in the activity of trading of goods manufactured by the EMS. 2.3 The Appellant as well as EMS clear such manufactured goods from their respective location after payment of excise duty determined under section 4A of the Act. From the factory location, both dutiable and exempted goods, are transferred to the Central depot and stored together and the goods are transferred to the regional depot based on the requirements and demands. 2.4 Till the goods are stored in Central Depot, the Appellants is able to identify and differentiate dutiable and exempted goods. Accordingly, the appellant avails full CENVAT credit which are directly attributable to exempted goods. So far as Common ....
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....11162; The amendment made by the Notification No. 13/2016-C.E (N.T), dated 1.3.2016 has further clarified and ratified the stand adopted by the Appellant. These amendments have been held to be retrospective as per the following decisions o Aavantika Gas Ltd. [2023 (1) TMI 5050-CESTAT New Delhi]. o JWC Logistics Park Pvt. Ltd. [2022 (5) TMI 430-CESTAT Mumbai]. o National Steel & Agro Industries Limited [2021 (6) TMI 60- CESTAT New Delhi]. o E-Connect Solutions (P) Ltd. CCE&CGST 2020 (11) TMI 282- CESTAT New Delhi. o Deepak Fertilizers and Petrochemicals Corporation Ltd. [2020 (7) TMI 486-CESTAT Mumbai]. o Reliance Industries Ltd. [2020 (9) TMI 787-CESTAT Mumbai]. o Honda Cars Ind....
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....dispute Rule 7 of Cenvat credit rules read as follows: "Rule-7 Manner of distribution of credit by input services distributor:- (a) ...., (b) .... (c) .... (d) .... (e) .... (f) .... (g) provision of Rule 6 shall apply to the units manufacturing goods or provider of output service and shall not apply to the input service distributor." 4.5 The contention of the department that in terms of the Rule 7 (g) the reversal as per Rule 6 is to be made by the units manufacturing goods or provider of output service is academic in nature in cases where the reversal has been made by the ISD, and there is no revenue loss to the government exchequer. During the period in dispute, t....