Home Case Index All Cases Central Excise Central Excise + AT Central Excise - 2017 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (2) TMI 1255 - AT - Central ExciseCENVAT credit - Blast furnace - N/N. 76/86 dated 10.2.1986 as amended - since the said gas was cleared without payment of duty, an amount equal to 8% of the total price of the BFG recovered from M/s Indorama Cement Ltd. as demand under Rule 57AD of CER, 1944 and Rule 6 of CCR, 2002 - Held that: - Identical issue decided in the case of Union of India & Others Versus M/s. Hindustan Zinc Ltd. [2014 (5) TMI 253 - SUPREME COURT], where it was held that The respondents maintained the inventory of zinc concentrate for the production of zinc and we agree with the submission of the respondents that there was no necessity and indeed it is impossible, to maintain separate records for zinc concentrate used in the production of sulphuric acid. - the requirements of 57CC were fully met in the way in which the Respondent was maintaining records and inventory and the mischief of recovery of 8% under Rule 57 CC on exempted sulphuric acid is not attracted - appeal dismissed - decided against Revenue.
|