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2018 (1) TMI 761 - AT - Central ExciseCENVAT credit - common input (furnace oil) used for manufacture of dutiable (aerated waters) as well as exempt goods (Maaza Mango) - non-maintenance of separate records - appellants contend that they have reversed proportionate credit and therefore may not be compelled to pay the 8%/10% of value of clearances - Held that: - In similar set of fact, the Tribunal in the case of CCE, Trichy vs Tamil Nadu News Print & Paper Ltd [2014 (8) TMI 248 - CESTAT CHENNAI] observed that when proportionate credit is reversed there is no requirement to pay 8%/10% of value of clearance - it needs to be verified whether the amount reversed would be the actual proportionate credit or not. For this limited purpose the matter requires to be remanded to the adjudicating authority. Penalty - Held that: - issue is an interpretational one and had travelled up to the Hon’ble Supreme Court. Further the period involves pre as well as post amendment - penalty imposed is unwarranted and requires to be set aside. Appeal allowed by way of remand.
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