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2018 (6) TMI 177 - CESTAT HYDERABADReversal of CENVAT credit - Manufacture of exempt as well as dutiable goods - non-maintenance records - whether the appellant is required to reverse an amount equivalent to 6% of the value of their goods cleared by them as exempted under the provisions of Central Excise (Removal of Goods at Concessional Rate of Tariff for manufacture of excisable Goods) Rules 2001? - Held that:- Hon'ble Rajasthan High Court in the case of Hindustan Zinc Ltd vs. UOI [2007 (1) TMI 94 - HIGH COURT RAJASTHAN] has held that goods cleared under (the erstwhile) Chapter X procedure in terms of Central Excise (Removal of Goods at Concessional Rate of Duty for Manufacture of Excisable Goods) Rules 2001 are not to be considered as exempted goods and therefore, there is no need to reverse credit under Rule 6(3)(i) of CENVAT Credit Rules, 2004 - the said judgment was carried in SLP before the Apex Court which was dismissed in the case of UNION OF INDIA & OTHERS VERSUS M/S. HINDUSTAN ZINC LTD. [2014 (5) TMI 253 - SUPREME COURT]. There is no requirement for reversal of CENVAT credit - appeal dismissed - decided against Revenue.
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