TMI Blog2008 (3) TMI 550X X X X Extracts X X X X X X X X Extracts X X X X ..... the sale price of the exempted goods in terms of Rule 57CC - appeal allowed - decided in favor of appellant. - E/333/2001/MAS - 240/2008 - Dated:- 14-3-2008 - S/Shri P.G. Chacko, P. Karthikeyan, JJ. REPRESENTED BY : Shri K.S. Venkatagiri, Advocate, for the Appellant. Dr. Nitish Birdi, SDR, for the Respondent. [Order per : P. Karthikeyan, Member (J)]. - M/s. Pepsico Holdings Ind ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... As regards the credit availed in respect of furnace oil the original authority dropped the proceedings on the ground that PEPSI had already expunged credit relatable exempted SLICE. In the impugned order, the Commissioner (Appeals) upheld the order of the original authority including penalty of Rs. 50,000/- imposed on PEPSI under Rule 173Q of the CER. 2. PEPSI is in appeal before us against the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to pay 8% of the sale price of the exempted goods. 3. Before us the appellants have argued that once the entire credit taken on common inputs is reversed there was no need for the assessee paying any amount to off set such credit taken, in terms of Rule 57CC. The penal consequences for using common inputs resulted from taking credit of duty paid on them. Ld. Counsel for the appellants submitted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bang.)], wherein it was held as follows : This bench in a large number of cases has followed the ratio of the above decision of the Apex Court to that even when common inputs are used for exempted and dutiable goods and if the appellant is not in a position to maintain separate accounts if he reverses the credit attributable to the inputs contained in exempted products, then there is no require ..... X X X X Extracts X X X X X X X X Extracts X X X X
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