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2009 (8) TMI 493 - AT - Central ExciseCenvat Credit- Notification No. 10/96 dated 23-7-96- whether a manufacturer, who had not maintained separate accounts in relation of the inputs used in the manufacture of the final products which were chargeable to duty as well as those which were exempt from the whole of duty of excise or chargeable to nil rate of duty and had, at the end of the month, reversed the credit which was sought to be availed in relation to the inputs used in the exempted final product but after the clearance of the final products would still liable be liable to pay the amount in terms of Rule 57CC of the said Rules? Held that- The Trade Notice cannot travel beyond the mandate of a statutory rule, nor it can override the provisions of Rule. The said Trade Notice therefore, is of no help to the appellants in the case in hand. on the issue of penalty held that- the matter relates to the interpretation of rule and, therefore, there was no justification for imposition of any penalty in the matter. Hence, the impugned order to the extent it imposes penalty needs to be set aside. Thus, the appeal partly succeeds to the extent it relates to the penalty amount.
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