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2017 (11) TMI 235 - CESTAT MUMBAICENVAT credit - manufacture of exempt as well as taxable goods - non-maintenance of separate set of books - whether in terms of Rule 6(3)(b) the assessee is required to deduct 8% from the sale price of the exempted goods for payment of 8% or otherwise? - Held that: - the issue involved in the present case has been decided by the Larger Bench in the case of Kriti Industries (I) Ltd. [2017 (5) TMI 603 - CESTAT NEW DELHI (LB)]. Accordingly, it was held that for the purpose of payment of 8% the same is not liable to be deducted from the sale price of the exempted goods - demand upheld. Penalty - Held that: - there is absolutely no suppression of fact on the part of the appellant. The issue involved is of interpretation and is debatable - appellant was not liable to penalty under Rule 13 of Cenvat Credit Rules, 2004. Appeal allowed in part.
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