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2019 (1) TMI 1578 - AT - Central ExciseCENVAT credit - common inputs which are used for exempted as well as dutiable goods - non-maintenance of separate set of records - Rule 6 of CCR - applicability of retrospective amendment to Rule 6 of CCR 2004, under section 73 of Finance Act, 2010 where it was stated that reversal of the credit attributable to the inputs used in the exempted goods is sufficient - HELD THAT:- The said retrospective amendment would apply in the case in hand as there is no dispute that the appellant had reversed proportionate amount of CENVAT Credit on the inputs which were utilised for the exempted goods manufactured and cleared - To that extent the impugned order is upheld and the orders which confirmed the demand equivalent to 8% of the valuation of the exempted goods is set aside. Interest ad penalty - HELD THAT:- In the absence of discharge of interest on the specified date, the appellant is not entitled for any relief on the penalty. The appellant is required to pay the interest as applicable on the amount reversed by him on 28.04.2008 and also the penalty imposed. Appeal allowed in part.
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