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2019 (1) TMI 44 - AT - Central ExciseImposition of penalty - reversal of credit on inputs used exclusively for exempted goods on being pointed out - non-maintenance of separate records - Rule 6(3) of CCR - Held that:- The appellants have opted to pay 6% of the value of the exempted goods as per the option given under Rule 6(3)(i) because they are unable to maintain separate accounts relating to inputs used in the exempted goods - the appellants have taken total credit of ₹ 56,79,065 and in order to buy peace, he has further reversed ₹ 10,34,237 along with interest; though, he was not required to pay the same. Once the appellant has paid the amount as per Rule 6(3) of CCR, the Revenue cannot insist that the appellants should reverse the entire credit - the appellants in order to buy peace reverse the entire credit and also paid the interest on the remaining amount - thus, it was not justified to impose penalty - appeal allowed - decided in favor of appellant.
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