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TMI Blog2006 (7) TMI 508X X X X Extracts X X X X X X X X Extracts X X X X ..... bramaniam, Advocates, for the Appellant. Smt. R. Bhagyadevi, SDR, for the Respondent. [Order per : P.G. Chacko, Member (J)]. - After examining the records and hearing both sides, we are of the view that the appeals require to be finally disposed of at this stage. Accordingly, after dispensing with predeposit, we take up the appeals. 2. The appellants are engaged in the manufacture of mot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le 25 of the Central Excise Rules, 2002. In adjudication of these notices, learned Commissioner of Central Excise confirmed the entire duty demand and appropriated towards such demand the amount paid by the assessee earlier (8% of the price of "exempted" goods) under Rule 6 of the CENVAT Credit Rules, 2002. Learned Commissioner also imposed a total amount of penalty of Rs. 3,75,000/- on the party ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by learned Counsel for the appellants that the amount so appropriated is over Rs. 37 lakhs and consequently the amount payable by the assessee in terms of the impugned order is about Rs. 37 lakhs (differential amount). It is further submitted that, in the event of this differential amount of duty having to be paid by the assessee, they will be eligible for Cenvat credit of the duty paid on chas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f input duty credit on chassis without exemption for final product under the above Notification. The impugned order is set aside and learned Commissioner is directed to pass a fresh speaking order in the above manner after giving the assessee a reasonable opportunity of being heard.
5. Both the appeals stand allowed by way of remand.
(Dictated and pronounced in open Court) X X X X Extracts X X X X X X X X Extracts X X X X
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