Proportionate reversal of Cenvat credit cannot be objected for mere non-filing of declaration

Ami Lifesciences Pvt Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad) Learned Commissioner (Appeals) held that the appellant is required to pay 5%/10% on the ground that they have not filed a declaration as required for payment of proportionate credit in terms of Rule 6(3)(A) of Cenvat Credit Rules, 2004. CESTAT find that it is not in dispute that the appellant have admittedly reversed the proportionate credit. Therefore, in my view as held by the Hon’ble Supreme Court in the case of Chandrapur Magnet Wires (P) Ltd. 1996 (81) ELT 3 (SC), reversal of Cenvat Credit shall amount to non-availment...