LAWS(CE)-2012-8-35

EMAMI LIMITED Vs. COMMISSIONER OF CENTRAL EXCISE, VAPI

Decided On August 28, 2012
EMAMI LIMITED Appellant
V/S
Commissioner Of Central Excise, Vapi Respondents

JUDGEMENT

(1.) THESE two stay petitions are filed for the waiver of pre -deposit of amount of duty of Rs. 1,26,87,564/ - with interest and equal amount of penalty on the appellant firm and personal penalty of Rs. One lakh on Shri Anand Mundra, authorised signatory.

(2.) THE above said amount have been confirmed against the assessee -appellant on the ground that the appellant had availed Cenvat credit of the Service Tax paid on the common inputs which are used in the exempted as well as dutiable finished products manufactured and cleared from their factory and has not followed the procedure as per Rule 6(3) of the Cenvat Credit Rules, by not maintaining the separate books of account.

(3.) LEARNED counsel would take us through the order -in -original and the provisions of Rule 6 of Cenvat Credit Rules, 2004. It is his submission that the appellant had already reversed an amount for Rs. 5,98,157/ - along with interest of Rs. 1,78,312/ - calculated as per the provisions of Rule 6(3A) of Cenvat Credit Rules, 2004. It is his submission that they had produced Chartered Accountants certificate before the lower authorities which is annexed at Pages 48 and 49 of the appeal memorandum. It is his submission that the adjudicating authority has not considered the same in its proper perspective.