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2017 (5) TMI 381 - AT - Central ExciseReversal of CENVAT credit - Rule 6(3) of CCR - demand on the ground that assessee failed to maintain separate accounts in respect of inputs and input services used in the manufacture of dutiable and exempted products - Held that: - Hon’ble High Court of Allahabad in the case of CCE Vs. Asian Fertilizers Ltd. [2011 (8) TMI 1091 - ALLAHABAD HIGH COURT] has allowed the appeal of the assessee by observing that assessee is not required to pay 8% of price of exempted goods for not maintaining separate records as Rule 6(3)(b) of CCR 2004 is not applicable on reversal - the demand has been confirmed on the appellant for taking irregular credit for the period 2005 – 2010. But the ratios laid down in the above mentioned case were also not available before the adjudicating authority. When it is so, for verification of credit of CENVAT, the findings have not been adequately elucidated in the impugned order - appeal allowed by way of remand.
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