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2016 (1) TMI 268 - AT - Central ExciseAvailment of CENVAT Credit - Non maintenance of separate account - Held that:- There is no finding of the lower authorities that they have reversed the credit used on the exempted finished goods as contended by the appellants. We find that, in view of the retrospective amendment of Rule 6 (3) (b) of Cenvat Credit Rules by Finance Act, 2010, the appellants were entitled to reverse the proportionate Cenvat credit attributable to the quantum of input used in or in relation to manufacture of exempted final product. This issue is settled by the decisions of the Tribunal [2015 (10) TMI 2325 - CESTAT NEW DELHI] and the High Court [2011 (2) TMI 575 - GUJARAT HIGH COURT] - minor discrepancies on the reversal of the credit with the statement submitted by the appellant. In our considered view, the Adjudicating Authority should examine the reversal of credit - Decided in favour of assessee.
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