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2013 (4) TMI 500 - AT - Central ExciseCenvat Credit - manufacture of dutiable and exempted goods - Rule 6 - demand of amount @10% on exempted goods - held that:- There is no dispute about the fact that in respect of clearances of plastic granules to their Halol unit, the appellant have paid duty @ 16% adv. Even if the Revenue’s contention is accepted and the goods are treated as fully exempt from duty under Notification No. 4/2006-C.E. (Sl. No. 78) and, hence, ‘exempted goods’ within the meaning of this term as defined under Rule 2(d) of Cenvat Credit Rules, 2004 and on this basis an amount equal to 10% of the value of the exempted goods is held as payable in respect of clearances of the reprocessed granules, this amount would be adjustable against the amount already paid towards duty, which is much more than the amount demanded under Rule 6(3)(i) of the Cenvat Credit Rules, 2004. Tribunal in the case of CCE v. Yamuna Gases & Chemicals Ltd. (2011 (7) TMI 984 - CESTAT, NEW DELHI) has held that such adjustment is permissible. - Stay granted.
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