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2017 (7) TMI 1029 - AT - Central ExciseCENVAT credit - separate set of accounts for dutiable as well as exempt goods - case of Revenue is that when separate maintenance account for receipt, consumption and inventory of inputs which are common to dutiable as well as exempted goods has not been maintained in terms of Rule 6(2), the appellants will have to pay the amount equal to 8% or 10% of the sale price of the exempted final products cleared from the factory either for home consumption or for export. Held that: - the demand is not sustainable as the proportionate credit is already reversed by the appellant and the same is allowed with retrospective effect - reliance placed in the case of M/s Bhusan Power & Steel Ltd. Versus Commissioner of Central Excise & Customs, BBSR II [2013 (11) TMI 843 - CESTAT KOLKATA] - appeal allowed - decided in favor of appellant.
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