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TMI Blog2002 (1) TMI 882X X X X Extracts X X X X X X X X Extracts X X X X ..... the Respondent. [Order per : Gowri Shankar, Member (T)]. - A sum of Rs. 2,86,00,850/- and penalty of Rs. 2,89,55,303/- are required to be deposited by Thermax. Penalties under Rule 209A of Rs. 35,000/- and Rs. 25,000/- and required to be deposited by R.P. Pargaonkar and G.B. Khade, its employees. 2. The demand and the penalty are based on a finding of the Commissioner that, by applying th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rule 6, it goes on to say :- "Consequently, where the assessee has not paid the amount (of 8% of the total price of exempted goods), the availment of corresponding credit on inputs is incorrect. The recovery of such credit taken incorrectly is squarely covered by the provisions of Rule 12 (erstwhile Rule 57-I)." 4. It seems clear to us from the circular for the reason that if the inputs we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issued to clarify Rule 6 of the Cenvat Credit Rules and therefore will not apply to Rule 57CC is shown, prima facie to be incorrect from the circular itself which makes it clear that Rule 6 of the Cenvat Credit Rules corresponds to Rule 57CC and Rule 12 of those rules to erstwhile Rule 57-I. The statement of the Counsel for the applicant that the rules are identically worded (except for the numbe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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