2026 (6) TMI 796

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....in manufacturing of iron and steel products namely iron ore pellets, sponge iron, ingots and TMT bars. The appellant also has a captive power plant, and the major quantity of electricity is consumed captively for the manufacture of dutiable excisable goods. Since the electricity generated and sold is chargeable to "Nil" rate of duty, in terms of the provisions of Rule 6 of CENVAT Credit Rules (CCR), 2004, appellant has to determine the CENVAT credit in respect of common inputs and input services used in the manufacture of dutiable and exempted goods. Accordingly, Proceedings were initiated, and a issued a Show Cause Notice (SCN) dated 15.06.2017 proposing to recover the differential amount of CENVAT Credit of Rs.6,04,35,995/- was issued, th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ppellant submits that they had submitted a Chartered Accountant (CA) certificate showing the amount of CENVAT credit required to be reversed in terms of provisions of Rule 6(3A) of Cenvat Credit Rules, 2004. The appellant has submitted the demand worked out by the department and the amount of reversal determined by the appellant hereunder for ease of verification. Particulars Calculation of amount payable as per Rule 6(3)(ii) in respect of input services Method adopted by the assessee based on common credit Method adopted by the department based on total credit Total value of exempted goods, non-excisable goods & services, including power compensation amount(M) 5,81,87,41,585 5,82,04,00,467....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.....E. & S.T Rajkot reported in 2024(10) TMI-812 (CESTAT Ahmedabad) vi. L.G Electronics India Pvt Ltd Vs. Commissioner of Central Excise, Pune-IV reported in 2024(16-CENTAX-430 (Tri-Bom). vii. Honda Cars India Pvt Ltd Vs. Commissioner of GST & Central Excise, Gautam Budh Nagar reported in 2024(10) TMI-890 (CESTAT - Allahabad) 5. Learned Authorized Representative (AR) for the Revenue reiterated the finding in the impugned order. 6. Heard both sides and perused the records. 7. We find that the issue is considered by this Tribunal in the matter of M/s. JSW Steel Ltd.(supra) -[2024 (14) CENTAX 340)] wherein it is held that "from a conjoint reading of sub-rules 6(1), (2) and (3) of Rule 6 that the total Cenvat credit for ....