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2011 (8) TMI 1091 - HC - Central ExciseWhether the liability for payment of an amount equal to 8 % of the value of the exempted goods u/r 6(3)(b) of CCR 2002/2004 can be fulfilled by mere reversal of credit involved in the inputs contained in the exempted product? - Held that: - Rule 6(3)(b) of the CCR 2004 provides that if the exempted goods are other than those described in condition (a), the manufacturer shall pay an amount equal to ten percent of the total price, excluding sales tax and other taxes if any, paid on such goods, of the exempted final product charged by the manufacturer for the sale of such goods at the time of their clearance from the factory - We do not find substance in the contention of the department-appellant that the Company cannot reverse the credit until separate accounts were maintained, for which no finding has been recorded by the Tribunal - Rule 6(3)(b) is not attracted in the present case. Appeal dismissed - decided against Revenue.
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