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2013 (3) TMI 186 - CESTAT MUMBAINotification No. 67/95 benefit denied - assessee contested that he at the time of clearance of stators & rotors had reversed the credit equal to 8% of the price of stators & rotors cleared against the CT 2 certificate as per the provisions of Rule 57 AD of the Central Excise Rules - Held that:- As per the provisions of Rule 57AD of the Rules, in case where the manufacturer is taking credit in respect of the common inputs used in or in relation to the manufacture of dutiable as well as exempted goods and not maintaining separate records, the manufacturer is required to pay 8% of the price of the exempted goods. As the appellants have reversed 8% of the price of the goods cleared at Nil rate of duty, therefore the appellants have fulfilled the conditions of Rule 57AD of the Rules. Thus the demand in respect of the intermediate product i.e. electrical lamination is not sustainable - in favour of assessee.
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