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2016 (3) TMI 154 - AT - Central ExciseRecovery of 8% of value of exempted goods in terms of Rule 6 (2) (b) of Cenvat Credit Rules, 2002 - failure to to maintain separate accounts regarding inputs used in the manufacture of dutiable as well as exempted items manufactured - Held that:- As the show cause notice itself acknowledges that the entire Cenvat credit taken on inputs during the period August 2003 to July 2004 was paid back by the appellant on 7th August 2004 alongwith interest. This being the factual position as per record. He concluded that there was no need for issue of any show cause notice to recover the amount equal to 8% of value of exempted goods. He also observed that the exempted goods were actually by-products generated during the course of manufacture of refined oil and there was no need for reversal of any credit in view of supplementary instructions contained in CBEC Excise Manual readwith Board Circular dated 03/04/2000. In any case since the assessee has reversed the full amount, there is no question of any proceedings and confirmation of demand against the assessee. We find that there is nothing in Revenue's appeal which can lead to a different inference. The appeal only states the provisions of Rule 6 to say that 8% of value of exempted goods is recoverable. We find nothing on record to interfere with the order of learned Commissioner (Appeals) who examined the issue in detail and arrived at the decision, as discussed above.- Decided against revenue
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