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2012 (7) TMI 880 - AT - Central ExciseDuty demand - Valuation - Non maintenance of separate accounts - Held that:- demand is confirmed by invoking the provisions of Rule 6 of CENVAT Credit Rules, 2004 which provides that in case of manufactured products, both dutiable as well as exempted goods, availing credits in respect of common inputs, the manufacturer has to maintain separate account for the manufacture of exempted goods. The case of the Revenue is that bagasse, press mud and boiler ash are excisable goods, and the manufacturer of sugar and molasses are not maintaining separate records hence, as per the provisions of Rule 6 of the CENVAT Credit Rules, 2004, the manufacturer has to pay 5%-10% of the price of the exempted goods i.e. bagasse, press mud and boiler ash. - Decision in the case of Union of India vs. Ahmedabad Electricity Co. Ltd. [2003 (10) TMI 47 - SUPREME COURT OF INDIA] - impugned order is set aside - Decided in favour of assessee.
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