TMI Blog2015 (5) TMI 1181X X X X Extracts X X X X X X X X Extracts X X X X ..... e reversed the credit of ₹ 38,077/- attributable to the quantum of inputs used in the manufacture of metallurgical coke and also proportionate amount of input service of ₹ 4,09,487/- reversed vide S. No. 3403 and S. No. 5156 both dated 5.12.2011 in their cenvat account - Consequent to that amendment of cenvat credit rules with retrospective effect vide Finance Act, 2010, if the appella ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nufacture of metallurgical coke, Anthracite coal is used, which is converted into metallurgical coke in the coke oven is used in the manufacture of steel. A part of the metallurgical coke is cleared to their sister unit without payment of duty. The Commissioner Central Excise, Salem confirmed the demand of ₹ 7,92,25,071/- equivalent to 10% or 5% of the value of the exempted goods under Rule ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pheld by the Hon'ble Madras High Court reported in 2013 (295) ELT 671-SC. Adjudicating authority has also appropriated this amount in OIO and the appellants have already deposited interest also. In view of the above, the appeal is allowed and the impugned order is set aside. The stay application is disposed of accordingly. (Order dictated and pronounced in the open Court) - - TaxTMI - T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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