9911796707
TMI Blog2006 (7) TMI 514X X X X Extracts X X X X X X X X Extracts X X X X ..... R.K. Singla, JCDR, for the Respondent. [Order per : T.K. Jayaraman, Member (T)]. - This appeal has been filed against the OIO No. 01/2004 dated 6-2-2004 passed by the Commissioner of Central Excise, Bangalore-III Commissionerate. 2. The appellants manufacture Steam Turbines and Gas Turbines. They avail exemption under Notification No. 6/2002-C.E., dated 1-3-2002 in respect of certain good ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ard's Circular mentioned supra. The amount to be reversed in accordance with the Board's Circular works out to Rs. 59,24,356/-. We reproduce Annexure-A, indicating the calculation of amount to be reversed. Annexure-A Sl. No Name of the customer Invoice No. & Date Value Amount reversed as per Rule 6 of Cenvat Credit Rules but collected from the customer Total price charged to the customer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntire amount of Rs. 59,24,356/- under Rule 6 read with Rule 12 of Cenvat Credit Rules, 2002 read with Section 11A of Central Excise Act, 1944. Interest under Section 11AB has been demanded. Penalty under Rule 13 of Cenvat Credit Rules, 2002 was also proposed. 3. S/Shri G. Shiva Dass and Anil Kumar B., the learned Advocates appeared for the appellants and Shri R.K. Singla, the learned JCDR fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mount as the Rule contemplates reversal of 8% of the sale price only. In the present case, it is stated in the Show Cause Notice that the appellant had reversed 8.64%. There is also no prohibition to collect this amount from the customer. So long as the appellant had complied with Rule 6 of the Cenvat Credit Rules, no demand can be made on them on the ground that they collected the amount from the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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