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2014 (8) TMI 221 - AT - Central ExciseDenial of CENVAT Credit - appellant availed credit of duty paid on Liquid Nitrogen and LDO used in the manufacture of both dutiable and exempted final products, but used to reverse input credit in respect of these common inputs on input-output basis whenever they cleared exempted final product from their factory - Held that:- Appellant has reversed CENVAT Credit proportionate to inputs used in the manufacture of exempted final product as and when removed from the factory - If the fact of reversal of Cenvat credit attributable to the inputs which are used in the manufacturing of exempted goods is undisputed, we find that the issue is now squarely covered by the retrospective amendment of the Cenvat Credit Rules by the Finance Act, 2010 which contemplates for reversal of Cenvat credit attributable to the inputs which are used in the manufacturing of exempted goods. impugned order confirming the demands of an amount equivalent to 8%/10% of the value of the exempted goods is incorrect and unsustainable and hence liable to be set aside - Following decision of Unimed Technologies Ltd. Vs. Commissioner of Central Excise, Vapi [2012 (11) TMI 820 - CESTAT, AHMEDABAD] - Decided in favour of assessee.
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